The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (seven months of imprisonment) is too unreasonable.

2. We examine the judgment on the grounds of appeal. The crime of this case committed by the defendant is deemed to be disadvantageous to the defendant in light of the content and method of the crime, the amount of damage, etc.

However, the defendant recognized the facts of the crime of this case in the court below for the first time, and reflects his mistake in depth, the defendant paid 30 million won to the victim in the court below, and agreed smoothly with the victim. The defendant was detained for about 2 months in this case, and the seriousness of the punishment for the crime of this case seems to have been sufficiently impaired, and again, the defendant would not be punished for the same crime again, and the defendant seems to be less healthy than 74 years old, it seems that there is no record of being sentenced to criminal punishment exceeding the same kind of crime or fine, balance with the general sentencing of the same or similar case, balance with the defendant's age, character and conduct, intelligence and environment, the motive, means and consequence of the crime of this case, the circumstances, criminal records, family relations, and economic circumstances, etc., which are all the conditions of the sentencing of this case, it is reasonable to recognize that the court below's sentence of the defendant is somewhat unreasonable, and therefore, it is justified to affirm the defendant's assertion that it is inappropriate.

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 is "the summary of the evidence" in the reasoning of the judgment below.