The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In light of the Criminal Procedure Act and the number of damages, etc. of the crime of this case, the defendant is deemed not to be less severe, and the defendant is deemed to have been sentenced to imprisonment with prison labor and a stay of execution for a crime related to violence, but on the other hand, the defendant confessions and reflects the crime of this case, the defendant agrees with the victim, there is no record of punishment for the same crime, and the victim has suffered losses equivalent to the money of this case through the sale of fake petroleum. In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the court below's punishment seems to be somewhat unreasonable, and the defendant's assertion is reasonable.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;