We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The first deliberation penalty (in prison labor for 8 months) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. When the Defendant was in a trial, the Defendant recognized all of the facts charged in the instant case and divided.

The defendant paid 30,000,000 won to the injured party in the first instance, and received a letter from the injured party by agreement.

Defendant has no record of punishment for the same kind of crime.

The defendant shall not be healthy from the present 4 liver cancer.

In light of these circumstances, considering the various circumstances, including the Defendant’s age, sex, intelligence and environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the first deliberation seems unfair due to the lack of punishment.

3. If so, as the defendant's appeal is reasonable, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the pleading is followed, and the following is again decided.

【Grounds for a new judgment】 The criminal facts of the defendant and the summary of evidence recognized by the court are identical to the records in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (2));