A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In light of the favorable circumstances, the lower court determined the sentence by taking account of the following factors: (a) the Defendant’s age, character and conduct, environment, motive and consequence of the instant crime; and (b) the various sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the instant crime, etc., under consideration of the following factors: (a) the nature of the instant crime and the criminal circumstances are considerably good; (c) the amount of damage is very large; and (d) the damage was not recovered.

However, in full view of the fact that the defendant pays a part of the damage in the appellate trial and the victim does not want the punishment against the defendant by agreement with the victim, and the remaining amount of damage is repaid and the defendant actually continues to recover the damage, the court below's punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column 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. Articles 356 and 355 (1) (Overall) and 355 (1) of the relevant Articles of the Act concerning the facts constituting an offense and the multiple-choice of punishment;

1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.