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

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

A. The sentence of the lower court (five months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the fact that the amount of damage was fully repaid and agreed with the victim after the judgment of the court below was rendered, the first offender, and the reflection, the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (2) and (1) of the Criminal Act and Article 355 (1) of the Criminal Act, the choice of punishment for the crime

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

1. Determination of the grounds for sentencing prior to the grounds for sentencing under Article 62-2 of the Social Service Order Act shall be based on the various circumstances, the period of crime, the amount of embezzlement, etc. as ordered.