The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the amount of damage to the instant crime was considerable; (b) the damage was not recovered from considerable part of the damage even after a considerable period of time has passed after the instant crime; (c) the Defendant was the first offender; (d) the Defendant recognized the instant crime; and (e) the Defendant agreed to pay part of the amount of damage in installments at the trial; and (e) the victim agreed to pay in installments the remaining amount; and (e) the victim agreed to do so; (b) the Defendant’s character and behavior, environment, relationship with the victim; (c) the motive, means, and consequence of the instant crime; and (d) the motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part 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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. It shall be decided as per Disposition on the grounds of not less than Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration