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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is excessively unreasonable.
2. In light of the fact that the accused, even though he/she acquired a large number of goods, has not been fully recovered from such damage, and that he/she disposes of goods as salt prices and uses them for personal purposes, such as living expenses, it is necessary for the accused to be punished with severe punishment corresponding to such criminal liability.
However, considering the fact that the defendant has been detained for more than four months until the trial of the court, and that the defendant has a claim of more than 400,000 won per month from the victim for fee from December 2012, there is room to deem that offset is possible, and that the damage has been recovered due to the possibility of offsetting, and that the defendant has actively endeavored to pay the remaining damage, the current pregnant defendant's wife is living alone while being detained after marriage on June 2013, and all other sentencing conditions shown in the records and arguments such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and result of the crime, etc., the sentence of the court below is somewhat excessive.
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, and the following is ruled again.
Criminal facts
The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The same type of punishment as the order shall be determined in consideration of the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the grounds for reversal of sentence for sentencing selective to imprisonment, etc.