The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The reasoning of the appeal by the lower court (ten months of imprisonment) is too heavy or is too heavy to (the Defendant).

2. Determination

A. We examine both the Defendant and the Prosecutor’s respective arguments regarding the grounds for appeal by the Defendant and the Prosecutor.

The crime of this case is that the defendant acquired 100 million won as a contribution of the above broadcast even though it is not necessary to do so in addition to the broadcast costs in order for the victim to contribute to the broadcast by the company of the victim, even though it is not necessary to do so.

In addition, the fact that one victim obtained a relatively large amount of money and has suffered property and mental suffering during that period is disadvantageous to the defendant.

However, the Defendant did not have the same force before the crime of this case, and only was subject to criminal punishment once a fine of this kind.

The defendant is the most likely to support his/her wife and child, and the detention of the defendant may involve excessive difficulties for his/her family members.

A defendant's health status is not good and a close social relationship is relatively closely related, such as the birth of his wife to the defendant, etc.

I seem to appear.

Above all, when the defendant is in the first instance, it is recognized that the defendant has committed the crime of this case, and the victim is unable to punish the defendant by paying the amount of damage equivalent to the victim and by agreement.

This is the circumstances favorable to the defendant.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

(b) When an appeal is filed against an ex officio judgment of conviction regarding the remedy order, an appeal against the remedy order.