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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the amount of the instant damage is the maximum amount of KRW 219,737,166, etc.
B. However, in full view of the following circumstances: (a) the Defendant was led to a crime committed in the first instance court; (b) the Defendant was the first offender; and (c) some of the circumstances that led to the instant crime have been taken into account; (b) the Defendant repaid 12.24 million won to the victim at the lower court; (c) deposited 20 million won to the victim in the first instance court; (d) additionally paid 60 million won to the victim; and (e) the victim did not want to be punished by the victim by an agreement with the victim; and (e) other various circumstances that are the conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, are determined to be unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial” to the column for the evidence of the court below, the summary of the facts charged and the evidence is as stated in each corresponding column of the court below’s judgment, and thus, it is cited by Article 369
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act (the above provision);
2. (b) Circumstances favorable to the entries in the port;