The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The defendant's experience of having been sentenced to a suspended sentence or heavier punishment for the same crime is disadvantageous to the defendant.

However, it is favorable to the defendant, such as the fact that the defendant's mistake is recognized late after the crime, the fact that the defendant paid a significant amount of damage to the victim, and that the victim expressed his intention that he would not want the punishment.

In addition to the above circumstances, taking into account various circumstances, such as the Defendant’s age, sex, environment, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is deemed to be excessive and unfair, and thus, the Defendant’s above assertion is reasonable.

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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr.

1. Application of the sentencing guidelines [Scope of Recommendation] General Frauds No. 1 (less than KRW 100 million) (one year of imprisonment or one year of imprisonment): There is no element of aggravation of punishment: There is no element of aggravation of punishment. [Standards for Suspension of Execution] Major positive factors: There is no reason of suspension of execution where the size of punishment is considerably small, substantial damage is considerably small, or significant damage is restored: there is no cause of general negative factors. (The major negative factors of the previous conviction are as follows.)