The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

(2) the date of this judgment.

1. Summary of grounds for appeal;

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

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

2. The fact that the Defendant embezzled from the victims is disadvantageous to the victim, etc.

On the other hand, it is more favorable that the defendant's mistake and reflects his fault from the prosecution to the trial of the party, and that the victims are not punished for the defendant by mutual consent with the victims, and that the defendant does not have the same criminal record.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s punishment is deemed unfair because it is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal shall not be dismissed separately from the disposition of the court below) (Article 364 (6) of the Criminal Procedure Act is applied to the criminal facts and summary of evidence recognized by the court below as stated in the corresponding column of the judgment

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The consideration of the favorable circumstances as referred to in the above paragraph (2));