The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant committed the instant crime again during the period of repeated crime due to the same criminal record even though he/she had several criminal records of the same kind, strict punishment against the defendant is required.

However, in full view of the following: (a) the Defendant’s mistake was divided by the Defendant; (b) the Defendant reached an agreement with the victim when it was in the first instance; (c) the amount of damage caused by the instant crime is equivalent to KRW 311,00; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the instant crime; and (c) other various sentencing conditions indicated in the instant pleadings, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted 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 35 of the Criminal Act for aggravated repeated crimes;