A defendant shall be punished by imprisonment with prison labor for up to six months.

2. The Defendant, based on the same kind of violence and fraud, including the punishment, has reached 20 times the amount of 20 times, and, during the same repeated crime period, was sentenced to a fine twice for the same type of crime, is not well-founded and is likely to repeat the crime of this case again.

However, the Defendant recognized the instant crime and opposed to the mistake.

The defendant does not want to be punished against the defendant by mutual agreement with the victim in the trial of the defendant.

In addition, comprehensively taking account of the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, and experience of the crime in this case, the punishment imposed by the court below on the defendant is too unreasonable.

3. As such, the defendant's appeal is with merit, and the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows after pleading.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 261 and 260(1) (the point of assaulting carrying dangerous articles) of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;