A defendant shall be punished by imprisonment for one year.

2. The judgment is an unfavorable condition to the Defendant, for example, that the Defendant was punished for the same kind of crime under the previous several laws, and that the instant crime was committed during the period of repeated crime due to the same crime, and that the damage was not fully recovered.

On the other hand, however, the fact that the defendant was in an appellate trial and deposited 80,000 won to the victim I, 700,000 won to the victim D, 70,000 won of damage, 00 won of damage, and 40,000 won of the defendant when committing the crime of this case,

In addition to the above circumstances, considering the various circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the first instance court seems to be unfair because it is too unreasonable.

Therefore, we accept the defendant's unfair argument in sentencing.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the facts in the judgment of the court of first instance, and thus, they are cited 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 punishment for the crime, and the choice of imprisonment;

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;