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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).
2. The judgment of the court below is too unreasonable when taking into account the following factors: the defendant is the first offender, the confession and reflect of the crime; most damage under the fidelity guarantee insurance contract to which the defendant was a party is likely to be recovered; and other various conditions of sentencing such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, except for the addition of the "1. Defendant's oral statement" to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;