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 two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The damage amount of this case is a total of KRW 80,000,000, and the damage is not fully recovered, etc. is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the crime of this case and expressed his intention that the victim does not want the punishment of the defendant, that there is no record of punishment for the same crime, that the defendant seems not to have committed the crime of this case with conclusive intention, that the defendant would not have committed the crime of this case, and that the defendant would dispose of the remaining debts after deducting the amount of repayment with the victim in the trial, and that he would not want the punishment of the defendant by agreement by paying 30 million won among them

In full view of the circumstances favorable to the defendant and the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment of the court below was changed in the trial, resulting in the change of the conditions of sentencing, and was unfair.

Therefore, the defendant's above assertion is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the same Act, the latter part of Article 37 of the Criminal Act, and Article 39(1) of the same Act;

1. The sentence shall be determined as per the Disposition, in consideration of the various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act;