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 sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment was based on the following facts: although the amount of damage caused by the instant crime was a large amount, the Defendant recognized the instant crime, and the Defendant reflects his mistake in depth; the Defendant paid part of the amount of damage to the Defendant after the judgment of the court below was rendered; the Defendant was detained by the instant crime; the Defendant did not have any punishment for the Defendant; the Defendant was detained by the instant crime; the Defendant had no special criminal records prior to the instant crime; the Defendant did not have any special criminal records prior to the instant crime; the Defendant was born up in a bad family environment; the Defendant was married to the lower age; the Defendant was living in an uneasible life; the background leading up to the instant case; the relationship between the Defendant and the victim; and the Defendant’s age, character and conduct, and environment records and arguments were considered, and the Defendant’s punishment imposed by the court below is too unreasonable. Thus, the Defendant’s assertion is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (Taking into account the preceding circumstances, etc.);