The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant, in light of the circumstance and content of the crime, method and method, and result, etc., the crime of this case committed by the Defendant, which was committed by the Defendant (the Defendant’s middle school dynamics of the Defendant’s middle school) was committed by the Defendant, and the crime of this case committed by the Defendant appears to have suffered considerable shock and pain due to the crime of this case, etc.

On the other hand, the defendant recognized the crime of this case from the investigative agency to the trial of the party, and has divided his mistake in depth.

The fact that the defendant and the victim have made an agreement with the defendant for the first time in the trial, and the victim have taken the preference against the defendant, and the defendant is the first offender who has no previous criminal record, etc. are favorable to the defendant.

In light of all the sentencing conditions in the process of the original trial and the trial proceedings, including the conditions favorable to the defendant, the sentence imposed by the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

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, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (the foregoing) (Article 55 subparag. 3) is favorable to the Defendant.