The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (two years of imprisonment and of confiscation) by the lower court is too unreasonable.

2. In light of the social harm caused by the singishing crime, it can be seen that the Defendant should be punished strictly.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable, and thus, the Defendant’s above assertion is well-grounded. In so doing, it is reasonable to deem that the Defendant’s punishment is unreasonable, considering the following: (a) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (b) the Defendant participated in the two crimes; and (c) one of them was committed in attempted crimes; and (d) the Defendant agreed with the victim.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The accused under Articles 25(1) and (2), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;