The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. The instant crime is not subject to the standard of offense in light of its means, degree of damage, etc.

However, the Defendant, while making a confession of all of the instant crimes, is against the truth.

The defendant deposited 5 million won for the victim in the court below, and additionally paid 5 million won to the victim in the first instance, and agreed with the victim in return for the payment of medical expenses in the future.

There is no history of criminal punishment against the defendant.

The defendant has been able to live in prison for a certain period of time.

In full view of the aforementioned circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, as it appears that the sentence is too unreasonable. Thus, Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

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

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. The sentence is to be determined as ordered in consideration of various sentencing conditions in determining the grounds for appeal on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act.