A defendant shall be punished by imprisonment for one year.

A. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the part of the facts charged in this case, “the total amount of 6,789,000 won in gender parties, etc. over 15 times as indicated in the list of crimes,” which is equivalent to the total of 7,131,00 won in gender parties, etc. over 17 times as indicated in the list of crimes, filed an application for permission of changes in the bill of indictment attached to this judgment. Since this court permitted this, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting an offense and the evidence mentioned by this court and the summary of the evidence are as follows: the part of "property equivalent to 6,789,000 won in total from sexual parties, etc. over 15 times, such as the statement in the list of crimes," which is equivalent to 7,131,000 won in total from sexual parties, etc. over 17 times as shown in the list of crimes, shall be corrected as "; the list of crimes in attached Form shall be changed as the list of crimes attached to this judgment; and the summary of the evidence shall be the same as the corresponding column of the judgment of the court below except for addition of the statements" in BC and BD preparation as stated in Article 369 of the Criminal Procedure Act. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The reason for sentencing under Article 332 and Article 329 of the Criminal Act, which is applicable to the relevant criminal facts, and the choice of punishment, is the same.