The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

2. In full view of the following factors: (a) the Defendant deposited KRW 2 million on behalf of the victim before the pronouncement of the lower judgment for the victim; (b) additionally deposited KRW 4 million for the first time in the trial; (c) the Defendant was the first offender; and (d) has been detained for a considerable period of time; and (c) the Defendant’s mistake is in profoundly reflected in his fault; and (d) other conditions of sentencing specified in the records and arguments, including the Defendant’s age, character and conduct, environment, motive and circumstance after the commission of the crime, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act which are more severe punishment);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;