The sentence of sentence against the defendant shall be suspended.

2. In full view of the following factors: (a) the Defendant’s mistake is divided in depth; (b) the Defendant has no record of punishment; (c) the victim appears to have delayed the return of the lease deposit in advance to cause the Defendant to commit the instant crime; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (c) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) the “part of the defendant’s court statement” in the summary of the evidence in the judgment of the court below is identical to each corresponding column of the judgment of the court below, except where the “part of the defendant’s court statement” is rewritten in the “court statement of the defendant’s court at the

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse (50,000 won per day);

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);