A defendant shall be punished by imprisonment for not less than eight months.

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

2. Determination of the instant crime did not compensate for the damage to the extent that the damage was inflicted on the victim, and the fact that the victim did not receive a letter from the victim is disadvantageous to the Defendant.

However, considering the favorable circumstances such as the defendant's attitude to repent of the crime of this case, detention for a certain period of time and seems to have served as an opportunity to reflect on the crime of this case, there is no past record of criminal punishment prior to this case, the defendant's assistant suffered great damage to his memory and judgment ability due to Alz-type dementia, and the defendant's efforts to talk directly with the victim, the defendant's assistant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

3. If so, the defendant'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 the following is ruled again after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (including the fraud of the limits stated in paragraph (2) of the facts of the crime), the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1)(i.e., the favorable circumstances in the preceding sentence) of the Criminal Act are as shown in the above Article 62(2) of the Criminal Act.