The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions indicated in the pleadings of the instant case, including the fact that the Defendant’s mistake was recognized, the amount of damage was deposited by the victim during the trial period, and the Defendant’s living under custody for a period of less than a month due to the instant case, etc., the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the 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. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;