A defendant shall be punished by imprisonment for not more than ten 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 considerably large, and that the Defendant has been punished for the same kind of crime is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant was led to the trial for the first time, and the victim did not want the punishment of the Defendant; and (b) the Defendant did not have any criminal record exceeding the fine; and (c) the Defendant’s age, character, character, environment, health conditions, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discriminary Reasons] Criminal facts and summary of evidence recognized by this court are summary of evidence "1. Defendant's legal statement,"

1. The prosecutor's protocol of interrogation of the accused;

1. The same as the corresponding column of the judgment of the court below, except for the case where the police interrogation protocol of the defendant (the fourth-time interrogation) is changed to the "1. Defendant's trial statement"

(Article 369 of the Criminal Procedure Act). Application of law

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

1. The sentence shall be determined as ordered in consideration of the various circumstances in light of the examination of the reason for sentencing under Article 62(1) of the Criminal Act.