The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. In light of the method of the instant crime and the amount of damage, the crime is not good, but the Defendant made efforts to repay damage by additionally repaying the victim KRW 20 million and establishing a collateral security right to secure the remaining amount of damage in the first instance trial; the victim does not want the punishment by mutual consent with the victim; and the victim does not want the punishment by mutual agreement with the victim; and other circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the lower court’s punishment is somewhat somewhat unreasonable. Thus, the Defendant’s assertion is reasonable.

3. Accordingly, the defendant's appeal is with merit, and the part of the judgment below excluding the part of the application for compensation order among the court below's judgment pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again after pleading as follows.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below other than changing “1. Part of the Defendant’s testimony in court” to “1. Defendant’s trial testimony in court” as stated in each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;