The judgment of the court below is reversed.

Defendant

The punishment against A shall be 6 months, and the imprisonment with prison labor for Defendant B shall be 8 months, respectively.

1. The lower court’s punishment against the Defendants on the grounds of appeal is hot.

2. After the judgment of the court below, Defendant A paid the victim KRW 20,000,00 to the victim and agreed smoothly. Accordingly, there are changes in circumstances that led to the recovery of damages in relation to Defendant A, who is an accomplice.

In addition, when comparing the sentencing conditions as shown in the records and arguments of this case, especially the defendants' records of punishment and the amount of damage, etc., the court below's punishment against the defendants is unreasonable.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled after pleading as follows.

Criminal facts

The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is the same as the relevant column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356, 355(1), and 30 of the Criminal Act, and the Defendants’ choice of punishment for the crime: Articles 356, 355(1), and 30 of the Criminal Act, and the choice of imprisonment

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

1. Protective observation and community service order Defendant B: The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] Class 1 (the period from January to October) of the mitigation area (the period from January to October), the mitigation area (the period from which punishment is to be specially mitigated) of the mitigation area, or the case where significant damage has been recovered;