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.

2. Although the defendant is a criminal act different from the crime of this case, the defendant has already been punished by imprisonment and a fine for several times, and the victim has been punished by imprisonment and fine for 100 million won, and even though 6 years have already passed since the victim suffered damage, the defendant was unable to receive a letter from the victim due to an agreement with the victim, etc., although the defendant did not receive a letter due to an agreement with the victim, the defendant was found to have committed a mistake, it is against the depth, and it is deemed that the defendant has very poor health conditions due to the outbreak of liver cell cancer, etc., and for the victim, 20 million won at the court below's decision for the victim, additional 35 million won at the court below's decision, and the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the court below that became final and conclusive, the defendant's punishment should be determined at the same time in consideration of equity with the case under Article 39 (1) of the Criminal Act, circumstances before and after the crime of this case, the defendant's age and circumstances, career and circumstances of this case.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The Criminal Procedure Act provides that “E” of Section 4 of the judgment of the court below is identical to each corresponding column of the judgment of the court below, except where “E” of Section 2 is applied to “P.”