The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Summary of Grounds for Appeal

The sentence of the court below against the accused (one year of imprisonment) is too unreasonable.

Judgment

Although the crime of this case is more than 620 million won and the case is serious, the defendant does not have to be sentenced to imprisonment with prison labor. Meanwhile, considering the fact that the defendant did not have to be sentenced to imprisonment with prison labor and that the defendant agreed with the victim by fully recognizing the crime at the trial, and other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., the sentence of the court below is unreasonable.

Thus, the defendant's appeal is reasonable, and the part of the court below's decision excluding the rejection of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the corresponding part of the judgment of the court below, except for adding “1. Defendant’s oral statement” to the summary column of the evidence in the second page of the judgment of the court below, and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for reversal) is higher than that;