A defendant shall be punished by imprisonment for one year.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his mistake, and that some temporary materials are considered to have already been returned to the victim ultimately, etc.

However, in light of the circumstances and methods leading to the instant crime, etc., there is a bad quality of the crime, the history of punishment several times for the same and different types of crimes, the amount of damage caused by the instant crime is considerable, and the damage was not recovered even after being given a considerable opportunity for recovery of damage after the instant crime, and the damage was not recovered even after the instant crime was committed, the agreement with the victim or the victim was not obtained, and the fact that it seems difficult to expect it in the future is disadvantageous to the Defendant. In light of all other sentencing conditions specified in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Selection of Punishment Act, and the sentencing prior to the grounds for sentencing of imprisonment, shall be determined as ordered by considering the various circumstances;