The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment became final and conclusive.

The main sentence of the appeal (one year and two months of imprisonment, two years of suspended execution, and 160 hours of community service order) of the court below is too unreasonable.

Judgment

The Defendant committed the instant fraud even though he had been punished several times for the same crime; the total amount of damage to the instant fraud reaches KRW 224 million; the Defendant committed the instant assault that assaults his denial without being aware of it even though he was pending in trial due to the instant fraud; and up to the first instance trial, the damage was recovered by the victim B of the instant fraud to the point of view.

It is impossible to find out the circumstances that could not be seen, and the fact that the assault crime of this case did not reach an agreement with the victim is disadvantageous.

However, it is more favorable for the Defendant to recognize and reflect all of the instant crimes, such as recognizing the instant fraud, which has been committed more than once in the first instance trial, and the lower court agreed with the victim B to express his intent not to punish the Defendant. The Defendant’s profit derived from the instant fraud appears to fall short of the amount of damage, and the degree of assault against the instant assault crime is relatively minor.

Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, the lower court's punishment was somewhat unreasonable as it changes the sentencing conditions in the trial.

Therefore, the defendant's argument of sentencing is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

[Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by the court.