A defendant shall be punished by imprisonment for six months.

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

2. Determination of the facts that the amount of damage caused by the instant crime is not significant, and that the nature of the crime is not less than that of the Defendant, there are inevitable circumstances that require considerable punishment.

However, in light of the following: (a) the Defendant has no criminal record of imprisonment or heavier, and the Defendant appears to have committed a crime, led to a confession and seriously reflect on his fault; (b) the Defendant has agreed with the victim smoothly and faithfully repaid the amount of damage that has not been partially repaid; and (c) the Defendant’s age, character and conduct, occupation, home environment, and circumstances after committing the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after committing the crime, the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The suspended sentence shall be imposed as ordered by taking full account of the various circumstances as seen earlier in examining the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for reversal).