The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The fact that the damage caused by the instant crime is serious, and that the Defendant appears to have used the considerable part of the money acquired by the Defendant for the illegal shooting is disadvantageous.

However, in full view of the fact that considerable damages were recovered and the victim does not want the punishment of the defendant, there is no other criminal record except that of the defendant who was sentenced to a fine for gambling, the defendant recognized all of the crimes of this case when he was in the trial, and is in depth and reflects the depth of the crime, and other circumstances such as the defendant's age, character and conduct, circumstances of the crime, and circumstances after the crime, the sentence of the court below that sentenced the defendant is excessively unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the sentencing determined in the above paragraph 2 of the same Article) [the scope of the recommended sentence] general fraud (at least KRW 100 million, less than KRW 500 million, less than KRW 500), the mitigation area (from October to February 6), the mitigation area (special mitigation), the exemption from punishment, or the recovery of considerable damage (the decision on the suspended sentence) is determined as the order in accordance with the reasons for the sentencing determined in the above 2.