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The judgment below
The part, excluding the rejection of an application for compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year of imprisonment with prison labor, two years of suspended execution, and 400 hours of community service) is too unreasonable, and the prosecutor asserts that the above punishment sentenced by the court below is too uneasible and unfair.
2. The crime of this case is acknowledged as follows: (a) the Defendant’s act of this case did not return the said promissory note to the victim after tearing or destroying the promissory note amounting to KRW 57820,000 at the face value of D Co., Ltd. working as a director; and (b) the damaged promissory note amounting to KRW 5782,00,000,000
However, in light of the following circumstances: (a) the Defendant recognized a mistake in the course of the trial; (b) the Defendant deposited KRW 5 million for the victim in the trial; (c) there has been no history of criminal punishment until now; and (d) the fact that there is any family member to support the Defendant; and (c) the Defendant could claim the payment of the Promissory Notes through the procedures of nullification judgment, etc. even if the Promissory Notes were damaged, the Defendant is able to claim the payment of the Promissory Notes through the procedures of nullification judgment, etc.; (d) the Defendant’s age, character and conduct, character and environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., which are the conditions for the pleadings and the sentencing
3. Since the appeal by the defendant is well-grounded, the part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the following is
(A) Although an appeal by a prosecutor is well-grounded, the appeal by a prosecutor shall not be dismissed unless the appeal by the defendant is reversed on the ground that the appeal by the defendant is well-grounded).