The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

However, in full view of the following factors: (a) the risk of the instant crime is high; (b) the Defendant appears to have anti-social inclination; (c) the Defendant’s mistake is divided; (d) the Defendant has no previous conviction; (e) the Defendant has lost his/her workplace due to traffic accident and has been divorced; and (e) the degree of damage to the instant crime was minor; and (e) all of the sentencing conditions, including the Defendant’s age, family relation, criminal record, relationship, character and conduct, environment, motive and circumstance of the instant crime, means and method of the crime; and (e) the circumstances after the crime, etc., the Defendant’s above assertion is reasonable, and therefore, the Defendant’s punishment imposed by the lower court is reasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, 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. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 334 (2) and (1) of the Criminal Act, Articles 334 (2) and (1), and 333 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, the relevant provision on criminal facts, the choice of punishment, and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes concerning Special Robbery prescribed by heavier Punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

1. Article 333 (2) and (1) of the Criminal Procedure Act for issuing victims;