The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, 80 hours of community service) of the lower court against the Defendant is too unreasonable;

2. The crime of this case is determined by the following facts: (a) a prompt term “motor vehicle -------------------------------------------------------------------------------

On the other hand, the defendant recognized the crime of this case for the first time and against the mistake, and the defendant did not actually acquire the benefit from the crime of this case, the damaged vehicle sold at KRW 6,330,00,00 to recover some damage, and the defendant bears approximately KRW 32,83,00 to the victim, and the defendant is the first offender in favor of the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances and results of the crime of this case, etc., all of the sentencing conditions in this case, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [Determination of types] and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [Special Punishment] where the mitigated element is not a punishment or a significant damage has been recovered [the scope of recommending punishment]. In full view of the defendant's age, character and conduct, environment, circumstance and consequence of the crime of this case, etc., the defendant's above assertion is reasonable, because the court below's punishment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.