The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The grounds for appeal by the prosecutor are as follows: (a) the punishment determined by the court of the original judgment (two years of suspended sentence of one year imprisonment, two years of probation, observation of protection, and 80 hours of community service order) is too unreasonable, and the defendant's appeal is the reason for appeal; and (b) the prosecutor's appeal is unreasonable because it is too un

2. The defendant's liability for the crime is not against the law;

The victim is making a request for a severe punishment on several occasions.

However, it seems that the defendant has led to the confession of crimes and reflects on it.

It is not planned as a contingent crime.

The progress of economic disputes, which is the background of conflict, should be considered.

Since there is no criminal record, and there is no possibility of recidivism, the court below's observation of protection is considered to be an excessive measure.

In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.

3. As such, the grounds for appeal by the defendant are reasonable, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the decision shall be rendered as per Disposition on the following grounds (the prosecutor’s appeal shall not be accepted, but the decision shall not be indicated separately in the order). 【Reasons for the new decision” and the summary of the facts constituting the crime and the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 3

Application of Statutes

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 186 (1) of the Criminal Procedure Act;