The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Each of the instant crimes committed by the Defendant, while working as a point at the location of the victim’s operation, embezzled KRW 30 million as used by the victim and stolen the mother and child owned by the victim, and the quality of the crime is not weak in light of the content and result of the relevant crime.

In addition, there is a high possibility of criticism by putting up each of the crimes of this case without being subject to criminal punishment on several occasions.

However, on the other hand, the defendant shows an attitude against the defendant's perception of his mistake, and the damage caused by the larceny of this case is relatively minor.

Considering the circumstances unfavorable or favorable to the defendant, the circumstances after the commission of each of the crimes in this case, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument in this case, the punishment imposed by the court below against the defendant is deemed unfair, and thus, the above argument by the defendant is reasonable.

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, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement, the choice of imprisonment), and Article 329 of the Criminal Act (the intention of Section 1 and the choice 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;