The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant has a record of having been sentenced two times to punishment for the same crime, and that the scale of damage reaches 1.3 million won.

However, in full view of the following circumstances: (a) the Defendant committed a crime in which both the Defendant was committed and the mistake was committed in depth; (b) the first instance court reached an agreement with the victim; and (c) the Defendant’s career, health, and family relationship; and (d) other circumstances that are conditions for sentencing, the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts as stated by the court and the summary of the evidence are the same as that stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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