The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The fact that no agreement has been reached with the victim until the judgment party, etc. is unfavorable to the defendant, but the fact that the defendant recognized the crime of this case and reflects it, and that part of damage was recovered by deposit of KRW 10 million out of the amount of damage in the depth of the party, etc. is favorable to the defendant.

In full view of the circumstances unfavorable or favorable to the defendant, and other various sentencing conditions, such as the means and circumstances of the instant crime, and the circumstances after the instant crime, the lower court’s punishment seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Judgment to be used again] The facts constituting a crime and the summary of evidence acknowledged by the court and the summary thereof are as shown in the corresponding column of the judgment below, except where the “part of the defendant’s legal statement” in Article 1(1) of the Criminal Procedure Act is deemed to be “the defendant’s legal statement” in Article 369 of the Criminal Procedure Act. Thus, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 48 Subparag. 3 of the National Sports Promotion Act, and Article 26(1) of the same Act, the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;