A defendant shall be punished by imprisonment for not more than ten months.

A. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The sentence of imprisonment (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) imposed by the prosecutor by the court below is too uneasible.

2. The judgment that the defendant recognized the crime, and that the defendant agreed with the victim C is favorable to the defendant.

However, considering the fact that the amount of damage in this case exceeds KRW 100 million, the economic and mental suffering that victims suffered for a long time since the crime was committed in 2011 seems to have been considerable, and that no agreement was made with the victim B, and that additional damage was not made even though it had given about three months of time after the closing of argument, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, present occupation, motive, means and consequence of the crime, the circumstances after the crime was committed, etc., the sentence of the court below is somewhat inappropriate.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below (excluding the part of rejection of compensation order and compensation order) is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

[ long as the appeal by a prosecutor is accepted and the original judgment (excluding the part of rejection of a compensation order and compensation order) is reversed, the appeal by a defendant shall not be dismissed in the separate text of the judgment] (Article 369 of the Criminal Procedure Act applies to the facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are the same as the entries in the corresponding column of the original judgment.

Application of Statutes

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;