A defendant shall be punished by imprisonment for not more than ten months.

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

2. The lower court rendered a sentence by taking account of the Defendant’s age, character and conduct, occupation and environment, the circumstances leading up to the instant crime, as well as various sentencing conditions shown in the record and pleading, under favorable circumstances where the Defendant recognizes the instant crime as substitute, partly restoring damage, etc., and considering the fact that the victim suffered economic loss due to the instant crime, the victim wants to punish the Defendant, and the fact that the Defendant had a criminal record of having been sentenced to criminal punishment for the same type of crime.

However, in full view of the fact that the defendant paid additional damages to the appellate court and made efforts to recover damages by providing security for the repayment of damages in the future, and that the victim does not want the punishment for the victim by mutual consent with the defendant, and that the defendant has an opportunity to reflect as being detained, the sentence of the court below 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. Article 347 (1) of the relevant Act concerning the facts constituting an offense, the multiple-choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on probation;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as stated in the judgment on the allegation of unfair sentencing on the grounds of sentencing.