The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant was partly committed; (b) partially repaid the amount of embezzlement at the lower court; and (c) the content, period, method, etc. of the instant crime under favorable circumstances; and (c) the Defendant did not recognize his responsibility even after the instant case; and (d) did not make sufficient efforts to recover from damage; and (b) other factors of sentencing specified in the instant records and arguments, including the Defendant’s age, character and conduct, and circumstances after the instant crime.

However, in full view of the fact that the defendant recognized the entire crime of this case in the appellate trial, the victim's residents do not want punishment against the defendant, and subsequently repaid the amount agreed upon, etc., the court below's punishment is too unreasonable.

Therefore, the defendant's argument is justified.

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

[Reasons for the judgment to be used again against the defendant] Criminal facts and summary of evidence recognized by the appellate court and the summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356, 355 (1) and 30 (only paragraph (1) of this Article shall be applicable to the facts of crime), the multiple-choice of punishment, and the choice of imprisonment;

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

1. In determining the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act and the allegation of unreasonable sentencing, the sentence as per the disposition shall be determined on the same grounds as the above.