The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the following factors: (a) the amount of damage has not been recovered despite a large amount of damage; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the degree, age, environment; (d) motive, means and consequence of the crime; and (e)

In light of the fact that the injured party submitted a written agreement that most of the damages were repaid and that the punishment of the accused is not applied to the injured party, the sentence of the court below is inappropriate because the sentencing conditions in the court below changed.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 admitted by the court are the same as the corresponding columns 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. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Normal consideration prior to the reason for sentencing under Article 62-2 of the Criminal Act of the community service order;