A defendant shall be punished by imprisonment for not more than ten months.

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

2. The amount of damage caused by the instant crime is relatively small as KRW 27 million, and the damage has not yet been recovered until now.

In addition, if the defendant had a large number of criminal records including the same criminal records, and such circumstances are met, the sentence of the court below is heavy.

It is difficult to see it.

However, the defendant also belonged to a third party, resulting in the crime of this case, and the defendant did not gain any profit.

Above all these favorable circumstances, the lower court’s punishment is somewhat heavy in view of the circumstances that the Defendant is in need of appropriate treatment in the course of administration with a rock.

The decision is judged.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, they are cited 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 on the suspension of execution (Article 62 (2) of the Criminal Act on the basis of the favorable circumstances);