The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The content of the instant crime, which was used in an imminent manner by the victim of the judgment, is not less than that of the crime, but not less than that of fraud, and there are such unfavorable circumstances as there are considerable records of criminal records.

However, in full view of all the circumstances, including the motive leading to the instant crime, circumstances after the crime, Defendant’s family environment, etc. and the conditions of sentencing as shown in the oral argument, even if considering the aforementioned unfavorable circumstances, it is recognized that the sentence imposed by the lower court is too unfair as the conditions of sentencing changed in the first instance trial and the sentence imposed by the lower court is too unreasonable, as it is considered that the conditions of sentencing were changed in light of the changes in the conditions of sentencing in the first instance trial, even if it is considered that the conditions of sentencing were to be considered as above.

3. As a result, the appeal by the defendant 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 after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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 concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The foregoing sentencing shall be considered in light of the circumstances favorable to the attention);