A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Considering the fact that the crime of this case was committed by deceiving a victim by deceiving the victim, and that the crime of this case was considerably poor in light of the method and content of the crime, and that the defendant has the record of being sentenced to suspended execution once a fine and criminal punishment once a fine is imposed on the same kind of crime, it is necessary to hold the defendant liable for strict liability corresponding to it.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the victim and the victim do not want to have the Defendant revoked the complaint; and (c) other factors of sentencing as indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable because it is too uneasible as the Prosecutor

rather than the defendant's assertion, it is judged that it is unfair because it is too unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is delivered again after pleading.

(2) In light of the above legal principles, a prosecutor’s appeal is without merit, and the decision of the court below is reversed, and the prosecutor’s appeal is not dismissed in separate order). Criminal facts and summary of evidence are identical to facts constituting an offense and summary of evidence recognized by this court. Thus, it is so accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;