The judgment of the court below is reversed.

[Defendant A] The defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendants (e.g., Defendant A: imprisonment with prison labor for April and Defendant B; one year and six months) is too unreasonable.

2. In light of the favorable circumstances in which the Defendants made confession, the lower court rendered a sentence by taking into account the following factors: (a) the Defendants’ age, occupation, character and conduct, environment, motive, means and consequence of the crime; and (b) various sentencing conditions as shown in the records and pleadings, such as the circumstances after the crime, etc., in consideration of the following factors: (a) most of the damage amount is large amount; (b) most of the damage amount was not recovered; and (c) the victim suffered considerable damage from the crime of this case; and (d) the victim wanted to punish the Defendants.

However, in light of the fact that the victim was paid part of the amount of damage in the appellate trial and agreed to seek the preference against the Defendants, the lower court’s punishment is too unreasonable.

Therefore, the defendants' arguments are justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the following decision is rendered again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 347(1) and 32(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Article 347(1) of the Criminal Act; the choice of imprisonment

1. Defendant A who is legally mitigated: Articles 32 (2) and 55 (1) 3 of the Criminal Act;

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

1. This paper deals with the allegation of unfair sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act for the suspension of execution.