The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

The defendant.

1. The sentence of the original court (one year and ten months of imprisonment) shall be too unlimited and unfair; and

2. Determination

A. The fact that the nature of the crime is inferior in light of the details and methods of the crime, the fact that the number of victims and the money that they acquired is considerably large, and most of the damages have not been recovered is disadvantageous to the defendant.

However, in full view of the fact that errors are divided and contradictory to each other, the court below's sentencing is too unreasonable, taking into account the fact that the victim BV has been repaid in the trial, there is no record of criminal punishment, the defendant's age, character and conduct, environment, motive leading to the crime, circumstances after the crime, etc., and the reasons for all the sentencing specified in the sentencing guidelines for the enactment of the Supreme Court's sentencing guidelines, and the scope of recommended sentences according to the sentencing guidelines.

B. Therefore, the argument of unfair sentencing is justified.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order is reversed, and it is again decided as follows after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as those stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. The adjudication of compensation order and provisional execution (the first instance) (the CR, the applicant for compensation, the second instance), the AR, the applicant for compensation, the applicant for compensation, the DW, the applicant for compensation, the AZ, the applicant for compensation, the applicant for compensation, the DOC, the applicant for compensation, the applicant for compensation, the BF, and the applicant for compensation) of Article 25(1), Article 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings [X].