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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the prosecutor by the court below on the defendant (eight months of imprisonment) is too unfortunate and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

The fact that the crime is not good in light of the criminal tool, method, etc. is disadvantageous to the defendant, but the victim does not want the punishment of the defendant by mutual agreement with the victim, that the defendant does not have good health conditions due to the age of 80 years, that is, the first offender, that the defendant was not returned due to the lack of money by the victim, who was the owner of the property or the deposit without any change in money. As such, there are some circumstances to be taken into account in the circumstance, and there are various circumstances shown in the records and arguments of this case, such as the circumstances favorable to the defendant, the character and conduct of the defendant, the environment, and the circumstances after the crime, etc., which are favorable to the defendant, it is judged that the punishment imposed by the court below is unfair because it is too unreasonable.

3. As such, 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 defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the point of special intimidation regarding the crime: Articles 284 and 283 (1) of the Criminal Act (the choice of imprisonment) of the Criminal Act: Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Article 62 of the Criminal Act: