The first original judgment shall be reversed.

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

An appeal by a defendant against the second judgment of the lower court.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the respective sentences of the lower court (the first instance court: imprisonment with prison labor for 6 months and the second instance court: the fine of 2 million won) are too unreasonable.

2. Determination

A. While the part of the first instance trial had the history of having been punished by a majority for the same kind of crime, the damage recovery had not been made to the trial court, the damage amount caused by the crime of this case was not significant to 750,000 won in total, and the defendant is divided and has no record of having been sentenced to imprisonment, in full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant was sentenced to imprisonment, the sentence imposed by the first instance trial is somewhat unreasonable.

B. In full view of all the sentencing conditions including the contents of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, such as the fact that the Defendant was found to have been guilty, but there was the history that the Defendant had been punished for the same kind of crime, and the amount of damage caused by the instant crime was not recovered to the first instance court, etc., it cannot be deemed that the sentence imposed by the second instance court is too unreasonable.

3. Therefore, the appeal by the defendant against the second original judgment is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the appeal by the defendant against the first original judgment is well-grounded, the first original judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;