The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the instant crime, the lower court’s punishment is unreasonable, and thus, is unreasonable in view of the following: (a) there was an agreement between the nominal owner and the preparing of the instant crime; (b) the Defendant was the primary offender and the instant crime; (c) the Defendant recognized the instant crime; and (d) the part corresponding to the amount of damage caused by the instant crime was recovered; and (d) the Defendant’s age, character and conduct, motive and circumstance leading

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the court below which has been written] Criminal facts and summary of evidence, and summary of evidence acknowledged by this court, are the same as the corresponding column of the judgment of the court below, except that the part of “AB” in No. 1 of the List of Crimes No. 1 of the court below is referred to as “B”. Thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 230 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 34, 231, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for each type of crime;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;