We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for four months.

1. With respect to the punishment sentenced by the first instance court (unfair sentencing) as to the summary of the grounds for appeal (unfair sentencing), the defendant asserts that the above punishment is too unreasonable, and that the prosecutor is too unfeasible and unfair.

2. We also examine the above unfair sentencing argument by the Defendant and the prosecutor.

In light of the various circumstances indicated in the column of sentencing in the first instance judgment, the Defendant’s act of removing earth and sand and restoring them to the original state, and deposited KRW 10,00,000 in the victim’s future, etc., as well as other various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the first instance judgment is somewhat unreasonable.

Therefore, we accept the above unfair argument of the defendant's above sentencing, and do not accept the prosecutor's improper argument of sentencing.

3. As the appeal of the defendant is well-grounded, the judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (as long as the judgment of the court of first instance is reversed on the grounds that the appeal of the defendant is well-grounded, the prosecutor's appeal shall not be dismissed separately from the order). The summary of the crime and evidence of the defendant's criminal facts and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;