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.

The crime of this case committed by the defendant who has been punished for the same kind of crime, in collaboration with another accomplice, is not less severe than that of the crime of this case committed by the defendant.

However, the defendant viewed the network in the crime of this case, and the degree of participation is relatively minor.

In addition, the damaged goods were returned to the victim, and the victim does not want the punishment of the defendant.

In addition, the defendant, who reflects his mistake in depth, is trying not to repeat the crime again, and at present, it seems that the defendant is pregnant by settling a old-age living and careing home.

Defendant has no record of being sentenced to a fine or heavier punishment.

In full view of such circumstances as well as all other circumstances as the Defendant’s age, character and conduct, career experience, home environment, and the conditions of sentencing as shown in the oral argument at the trial, the lower court’s sentence imposed on the Defendant is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it 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 that of each corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the same circumstances as mentioned above shall be considered);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);