A defendant shall be punished by imprisonment for four months.

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

A. The sentence of the lower court (short-term four months of imprisonment, long-term five months) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Although the degree of injury to the victim's judgment is not somewhat weak, the defendant's mistake is recognized, and the defendant deposited a total of KRW 20 million for the victim ( KRW 9 million for the victim, KRW 10 million for the victim). In full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character, conduct, environment, etc., the court below's punishment is deemed unreasonable and unreasonable. Thus, the defendant's argument is justified and the prosecutor's argument is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(2) Article 364(1) of the Criminal Procedure Act provides that “In cases where an appeal by a prosecutor is groundless, an appeal by a prosecutor shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act; however, as long as an appeal by a defendant is accepted and the judgment of the court below is reversed, an appeal shall not be dismissed separately from the order).” The summary of facts constituting an offense and evidence acknowledged by the court is identical to each corresponding column of the judgment of the court below, except where “the defendant’s partial statement” in the summary of

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered in favor of the grounds for reversal);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;