The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 2 shall be forfeited from the defendant.

1. As to the decision of the court below on the summary of the reasons for appeal (one year of imprisonment with prison labor), the defendant asserts that the defendant is too unfied and the prosecutor is too unfied and unfair.

2. The harmful effects of the singishing crime committed in a systematic and planned manner need to be punished strictly, and strict punishment is inevitable in that the defendant's participation in the collection of face-to-face liability is not less and less liable.

However, the court below's punishment is too unreasonable in light of all the sentencing conditions in the records and arguments of this case, including the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, etc., that the defendant had not been punished in the Republic of Korea, the fact that there was no history of punishment in the Republic of Korea, the frequency of the crime was only once and the actual damage was caused by the attempted crime.

3. Accordingly, the prosecutor’s appeal is without merit and the defendant’s appeal is with merit. Thus, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered through pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;