The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of eight months imprisonment with prison labor, which the court below decided against the defendant, is too unreasonable.

2. The crime of this case against foreigners who are vulnerable to the crime of this case was committed, and the victim was deemed to have suffered from mental suffering because of the fact that the crime of this case was committed for a prolonged period of time, etc.

However, in light of the favorable circumstances, such as the fact that the defendant is led to confession and reflect, the fact that there is no particular criminal history as well as the criminal punishment once a fine due to the crime of double-class, the injury was recovered in the first instance court, and the injured party did not want the punishment of the defendant, the sentence of the court below is somewhat unreasonable and unfair.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (In light of the records of this case, it is acknowledged that the Defendant fully repaid the amount of damage to the applicant after the conclusion of the trial proceedings in the court below, and it is not reasonable to issue an order for compensation.)