The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal of this case is that the crime of this case is not highly likely to cause injury to the victim, but the defendant's mistake is divided and reflected, and there is no record of punishment heavier than a fine, and in particular, it is favorable to the defendant that the defendant paid additional KRW 17 million to the victim in addition to five million won deposited in the first instance trial.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The conditions of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act shall be comprehensively determined as per Disposition.