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 becomes final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. The Defendant, as a civil petition of the Victim E Building Management Group, was subject to a penalty surcharge and a restoration order, destroyed the victim’s 4.1 million won free will.

However, in the court below, the defendant paid 4.1 million won to the victim E building management body, and paid about 2.38 million won to the victim in the first instance and agreed with the victim.

In addition, when comprehensively considering the various sentencing conditions and the scope of recommended punishment according to the sentencing guidelines, such as the defendant's age, occupation, degree of damage, background of the crime, circumstances after the crime, previous convictions, etc., as shown in the records and theories of this case, the punishment sentenced by the court below is unreasonable.

3. According to the conclusion, the appeal by the defendant is with merit, and it is again decided as follows after the pleading in accordance with Article 364(6) of the Criminal Procedure Act.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria is the mitigated area (one month to six months), the punishment is not suspended (including serious efforts to recover damage), or a significant damage is recovered;

2. The sentence shall be determined as per the Disposition, taking into account these circumstances in the reasons for reversal of the sentence above.