The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

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

2. The fact that there are several criminal records for the defendant, and the crime of this case has been committed several times, and the crime of this case is disadvantageous to the defendant, such as the fact that the defendant's disposal of the goods entrusted with repair without permission for the repayment of personal debts, but the fact that the defendant recognized the crime of this case and reflects the fact that the defendant agreed with the victim after the decision of the court below, that the victim desires to pay all damages after the decision of the court below, that the crime of this case is committed in the concurrent crime of the latter part of Article 37 of the Criminal Act, that the punishment should be determined at the same time in consideration of equity with the case where the judgment is rendered, and that the punishment of the court below is unfair in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);