The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the period of the instant crime is not shorter than the period of the instant crime, that the Defendant’s embezzled amount is not much much, and that the Defendant was unable to reach an agreement with the victim until the Defendant was in the trial.

On the other hand, it is favorable that the defendant's mistake and reflects his wrong when the defendant was in the first instance, there is no criminal record against the defendant, the defendant did not receive some wages and retirement allowances from the injured party, and the defendant deposited 3 million won for the victim when the defendant was in the first instance.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable because it is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the appeal by the defendant is again decided as follows (as long as the appeal by the defendant is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting a crime and evidence acknowledged by the court is as stated in each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;