A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

A. The lower court’s imprisonment (eight months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.

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

2. In full view of the fact that the amount of deception is not small, but is not small, the judgment of the court below is too unreasonable, in light of the following: (a) the defendant reflects the mistake of the defendant; (b) the defendant has agreed with the victim at the time of the trial; (c) there is no same criminal power prior to the instant case and there is no past record of suspended execution or more punished; and (d) other various circumstances that are the sentencing conditions,

It is rather unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are the same as the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Article 314 (1) of the Criminal Act concerning criminal facts and the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;