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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The Defendant had a record of criminal punishment several times, including the previous conviction sentenced to a fine for fraud, and, in particular, the Defendant was sentenced on April 6, 2012 to six months of imprisonment with prison labor and two years of suspended execution as a crime of violating the Punishment of Violences, etc. Act (collectively weapon, etc.) in the Ansan District Court’s Ansan Branch of the Suwon District Court on April 6, 2012, and the said judgment became final and conclusive on April 14, 2012, and committed the instant crime without being aware of it during the suspended execution period, and the Defendant denied the crime at the lower court.

However, in consideration of the following circumstances, the sentencing of the lower court, which sentenced the sentence, is too unreasonable, considering the fact that the Defendant led to the confession of the offense in the trial, the sum of KRW 45,24,00 in the lower court deposited KRW 45,24,00,000,000 in addition to the victim and agreed with the victim, and all other circumstances that form the conditions for the sentencing specified in this case.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Grounds for the judgment of the court] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the Criminal Procedure Act, except for the revision of “the Defendant’s partial statement” as “the Defendant’s in-court statement at the trial” as “the Defendant’s in-court statement at the trial.” As such, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;