The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight 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 (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the damaged goods have been recovered; (b) the Defendant has no record of punishment for the same kind of crime; and (c) the fact that the nature of the crime was inferior in light of the content of the crime; and (d) the sentence was imposed by taking into account the following factors: the Defendant’s age, character and conduct, environment, relationship with the victim; (b) motive, means and consequence of the crime; and (c) the various sentencing conditions

However, in light of the fact that the victim seeks a prior action against the defendant when it comes to the appellate trial, the lower court’s punishment is somewhat inappropriate.

Therefore, the defendant's argument is justified.

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

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319 (1) of the Act on the Punishment of Criminal Crimes, the Selective Selection of Punishment (Influence point), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

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

1. On the same grounds as stated in the judgment on the grounds of sentencing in Article 62-2 of the Criminal Act, the probation and order to attend a lecture shall be determined as per Disposition on the same grounds.