The judgment of the court below is reversed.

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

Nos. 1 and 2 of seized evidence shall be charged to the defendant.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the following: (a) the Defendant, who was sentenced to one year of imprisonment and three years of suspended sentence due to a special injury, such as the instant case, committed the instant crime without being aware of the fact that the crime was committed in spite of the fact that the nature of the crime was very poor in light of the means of the crime, and that the damage was not recovered yet, it is inevitable to sentence the Defendant to be sentenced.

However, in light of the equity in cases where the sentence of imprisonment is invalidated as a result of the instant case and the Defendant committed the instant crime, the Defendant’s punishment is too harsh, as well as the Defendant’s age, character and behavior, health conditions, environment, family relationship, and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;