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 one year from the date of the final judgment.

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s mistake is against the Defendant’s mistake while recognizing the instant crime; (b) the Defendant did not have any other criminal records other than the Defendant imposed once a fine for the violation of the Road Traffic Act prior to about 20 years; (c) the Defendant paid the amount of damage to the Defendant in the first instance trial; and (d) the Defendant paid the amount of damage to the Defendant in full and agreed with the victim; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment; (d) motive, background, means, method, and consequence of the instant crime; and (e) the circumstances before and after the crime; and (e) criminal record relation

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 of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;