The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

, however, this shall not apply to the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake, the fact that the full amount of damage was deposited by the victim in the original trial and the original trial, and other circumstances that are conditions for the sentencing indicated in the records, such as the defendant’s age, character and conduct, environment and family relationship, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, 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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);