The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and ten months.

The District Prosecutors' Office, Daegu District Prosecutors' Office, which has been seized.

1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment, confiscation) is too unreasonable.

2. The judgment has already been punished several times for the same kind of crime, and in particular, the degree of criticism is large in that the defendant does not know even though he/she is a repeated crime due to the same kind of crime and commits the crime in this case again.

However, in full view of all the circumstances shown in the records and arguments including the defendant's age, character and conduct, family relationship, environment, motive and circumstance of the crime, means and result of the crime, etc., it is judged that the punishment imposed by the court below is unreasonable because it is unfair.

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.

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 319 (1) of the Criminal Act for the crime and the choice of punishment, respectively; Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 329 of the Criminal Act; Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 329 and 342 of the Criminal Act for the crime;

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

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