The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Despite the reasons for sentencing unfavorable to the defendant, the court below held that the defendant deposited KRW 41.3 million for the victim's side, and paid KRW 1.3 million to the victim's side in relation to the damages incurred by the victim's above repayment on behalf of the victim, and further deposited KRW 28 million for the victim's side, and restored to the degree of KRW 70.6 million for the victim's damages caused by the crime of this case.

It can be said that there is no particular criminal conviction except for the punishment of a fine of KRW 700,00 due to a violation of the Road Traffic Act (drinking driving) in 2003, and that the defendant does not repeat again recognizing the crime of this case.

In consideration of the fact that the court below's punishment imposed on the defendant, there is a need for mitigation due to the absence of punishment imposed by the court below.

The decision is judged.

3. According to the conclusion, the defendant's appeal is reversed on the grounds that it is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is

Criminal facts

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;