The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. Considering the fact that the Defendant committed the instant crime that encourages the commission of larceny, etc. while operating a bank, the Defendant already committed the instant crime, and the Defendant committed the instant crime even though he/she had been sentenced one time to a suspended sentence of imprisonment and a fine due to the crime of acquiring stolen property, there is a need for strict punishment against the Defendant.

However, in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime and all of the sentencing conditions shown in the arguments and records of this case, including the fact that the defendant has divided his mistake into depth and reflects, the actual gains that the defendant acquired by the crime of this case are not much high, the defendant has already been living in prison for 80 days or more in this case, the defendant has already been living in prison for 3 years or more, the defendant who has been a child and his wife and 3 children have not been healthy due to urology, etc., and the defendant has supported her wife and 3 children, etc., it is deemed that the sentence imposed by the court below is too heavy.

3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column 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. Article 362 (1) of the Criminal Act (the point of acquisition of stolens), Articles 364 and 362 (1) of the Criminal Act concerning the crime (the point of acquisition of stolens by occupational negligence);

1. Imprisonment with prison labor, and imprisonment without prison labor, for the crime of acquiring stolens by occupational negligence, respectively;

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