A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. The Defendant committed the instant crime, even though he had a record of punishment for a suspended sentence of imprisonment for the same crime.

Although considerable time has elapsed from the date of the crime of this case, the defendant was unable to fully repay the money acquired by the victim.

On the other hand, the defendant acknowledges and reflects his criminal act.

Although the Defendant was unable to recover all damages, the injured party does not want the punishment of the Defendant by mutual consent with the injured party in the trial.

The defendant assumes that he will pay the amount promised to the victim regularly.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too 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, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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