The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Summary of Grounds for Appeal

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

Judgment

Considering the Defendant’s age, character and conduct, environment, the contents, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, the sentence of the lower court is too unreasonable, considering the following factors: (a) the Defendant’s withdrawal of the Defendant’s complaint against the Defendant; (b) the Defendant appears to have committed the instant crime because of the lack of funds to operate the Defendant; and (c) the Defendant’s cancellation of all of the collateral security established on the victim’s motor vehicle; and (d) the Defendant’s age

3. As such, the appeal by the defendant is with merit, and the remaining part of the judgment below which reversed the dismissal of the application for compensation pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense, and Articles 356 and 355 (2) of each Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the circumstances described in Article 62-2, shall be determined as ordered by the court below.