The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months’ imprisonment without prison labor) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that the Defendant and the Prosecutor’s respective unfair claims for sentencing together with each of the instant offenses, the liability for the offense is not less and less severe in light of the form and method of the instant offense, and the victim’s injury is more serious and serious.

However, considering the following factors: (a) the Defendant led to the confession of the crime, and the Defendant’s mistake was divided; (b) there was no past record of punishment heavier than the fine; (c) the Defendant has reached an agreement with the victim; (d) the Defendant was admitted to the taxi mutual aid association; and (e) the Defendant’s age, sexual conduct, environment; (e) the motive, means and consequence of the instant crime; and (e) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the sentence imposed on the Defendant is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

Application of Statutes

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);