The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Summary of Grounds for Appeal

The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.

Judgment

Although the Defendant did not reach an agreement with the victim, it is unreasonable for the lower court to punish the Defendant, taking account of the following: (a) the Defendant was unable to reach an agreement with the victim; (b) the Defendant deposited the total of KRW 12 million for the victim; (c) the Defendant did not have any criminal record; and (d) there is no evidence to deem that the actual amount of damage in the instant case reaches KRW 1 billion as alleged by the victim; and (b) other all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment

Thus, the defendant's appeal is reasonable, and the part of the court below's decision excluding the rejection of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;