The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal asserts that the defendant is too unreasonable because of the court below's excessive reduction of punishment (four months of imprisonment), and the prosecutor asserts that the court below's punishment is too unhued and unreasonable.

2. In light of the substance of the instant crime, the fact that the nature of the crime is not somewhat weak, and that the damage is deemed not to have been fully recovered, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition and agreed to pay part of the amount to the victim in the trial, the fact that there is no specific penalty power other than the one that has been sentenced once to a fine due to the crime of this species in 2006, and that there is a position to support the spouse who is not good health, etc. are favorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is deemed unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

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.

(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately.” (Dao-written judgment) Criminal facts and summary of evidence recognized by the court is the same as that of the judgment of the court below, and thus, the summary

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered in consideration of the various circumstances described in Article 62(2) of the Criminal Act;