The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

(2) the date of this judgment.

1. The court below dismissed the prosecution as to the assault among the facts charged in this case pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and the prosecutor appealed only for the guilty portion on the grounds of improper sentencing. The dismissal part of the indictment not appealed as it is final and conclusive, and the conviction part was transferred to the appellate court. Thus, the scope of the court's trial is limited.

2. The lower court’s sentence (the imprisonment of two years, the suspension of execution of three years, and the community service order of 120 hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

In the first instance trial, a prosecutor filed an application for the modification of an indictment with the content that changes as stated in Paragraph 2 of the facts charged in the instant case, which are acknowledged as follows, and this Court permitted it, and this part shall be sentenced to a single sentence in relation to the remaining facts charged as guilty and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the guilty part of the judgment of the court below shall no longer be maintained.

4. In conclusion, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence acknowledged by the court is as follows: (a) the total of six times in Paragraph (2) of the facts constituting an offense is as “total of seven times”; and (b) the total of KRW 51,118,000, “total of KRW 55,000” is as “total of KRW 55,000”; and (c) the attached list of crimes as indicated in the judgment of the court below is as indicated in the annexed list of crimes in this case; and (d) the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of “influence of card loan transaction” to “influence of card loan transaction” in the summary of the evidence. As such, this is cited