A defendant shall be punished by imprisonment for one year.

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

A. The sentence imposed by the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Each of the instant crimes committed by the Defendant, by posting an article stating that the Defendant sells goods on the Internet bulletin board, and instead sending the article to many victims who had contacted with the above article, by acquiring considerable money by means of receiving only the cost of the goods, is not likely to be committed in light of the content and result of the crime, the frequency of the crime and the amount of damage, etc.

In addition, there is a high possibility of criticism by committing each of the crimes of this case without being convicted of criminal punishment for the crimes of the same law.

On the other hand, however, the defendant shows the attitude of reflecting all his mistake, and the defendant has no record of criminal punishment more than suspension of qualification.

In addition, the defendant expressed his intention that the victims do not want punishment against the defendant by mutual agreement between the victims and the victims from the time of the trial.

In light of the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is deemed unfair because the defendant's above assertion is reasonable, and the prosecutor's above assertion with the purport of objection is without merit.

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

[Judgment of the court below] The criminal facts and summary of evidence against the defendant recognized by this court are different from the judgment of the court below.