The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The lower court’s sentence (two years of imprisonment, three years of suspended execution, three years of protection observation) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant reflects the crime; (b) the defendant appears to have reached the crime of this case somewhat incomplete in the course of running his business; and (c) there is no record of punishment due to the same kind

Meanwhile, in light of the content of the instant crime and the amount of damage, etc., the nature of the crime is not weak, the damage seems not to have been recovered, and the victim wanted to be punished by the defendant up to the trial of the case, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, each of the instant crimes committed against the Defendant on November 1, 2013, and the concurrent crimes committed by the latter part of Article 37 of the Criminal Act, considering the sentencing conditions indicated in the records, such as the Defendant’s health, age, sex, environment, motive and background of the offense, means and consequence of the offense, as well as the circumstances before and after the offense, the lower court’s punishment is deemed unfair, as it is deemed unfair.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. We examine the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act’s reason for sentencing.