A defendant shall be punished by imprisonment for not less than five months.

2. In light of all of the sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and conduct, background of the instant crime, and circumstances after the instant crime, the Defendant’s argument is somewhat unreasonable, since it appears that the Defendant’s punishment imposed by the lower court is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 35(1) of the Criminal Act applicable to criminal facts, Article 355(1) of the Criminal Act, and the reason for sentencing the sentence of imprisonment option is recognized, and the victim recovered the damaged vehicle, and the fact that the defendant agreed with the victim is favorable to the defendant.

On the other hand, however, the defendant committed the crime of this case even though he was sentenced to criminal punishment for fraud, and even during the suspended execution period, the nature of the crime is not good, and the sentence of a sentence against the defendant is inevitable, while escape during a trial and the suspended execution period has expired, which is not suitable to the circumstances after the crime is committed.

In addition, the defendant's age, character and conduct, motive and background leading to the crime of this case, circumstances before and after the crime, and the criminal punishment for the same crime of a size similar to this case shall be equity.