A defendant shall be punished by imprisonment for a term of one year and two months.

A. The reasoning for the appeal by the defendant is that the punishment of the court below (two years of imprisonment) is too unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.

Judgment

In full view of the fact that the defendant has returned all the subsidies obtained by the defendant to the newan-gun, a victim of fraud in the original trial, three victims of habitual confinement and habitual assault in the original trial, and the fact that the defendant has reached an agreement with the additional seven victims in the original trial, the sentence of the original court is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit and prosecutor's assertion of unfair sentencing.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(1)2 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 276(1) of the Criminal Act (the crime of habitual confinement, including the victims I,O, T, AB, R, AG, and Q, and the crime of habitual confinement, each of them shall be punished for each habitual confinement), Article 2(1)2 of the former Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 276(1)2 of the Criminal Act (the crime of habitual assault against P, M, N, and U.), Article 71(1)2 of the Child Welfare Act, Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 37(3)3) of the Criminal Act

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of habitual confinement and the crime of violating the Punishment of Violences, etc. against Victims I, AG, T, AB, and R at the time of the sale)