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

except that from the date of this judgment.

A. The sentence of the court below is too unreasonable because the defendant's punishment is too excessive.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The Defendant has agreed with the victim during the appellate trial, and has not been punished for the same kind of crime.

In addition, in full view of the motive and background of the instant crime, the relationship between the Defendant and the victim, the age, occupation, environment, and family relationship of the Defendant, the sentencing of the lower court is deemed inappropriate.

Defendant’s assertion of unfair sentencing is reasonable, and prosecutor’s assertion of unfair sentencing is not accepted.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act by accepting the defendant's appeal, and the judgment below is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types]. General Fraud [Type 1] below KRW 100 million [Special Convicts] - Reduction element: Reduction element: Reduction element [The area of recommendation and recommendation range] mitigation range, reduction range of punishment [the scope of recommendation range and recommendation range] reduction range, one month to one year [the person who is a general person]] [the grounds for suspension of execution] - Major pride reasons: Non-members of punishment;