The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (unfair sentencing) is too unreasonable because it is too unreasonable for the lower court to have sentenced the Defendant to imprisonment (ten months).

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Although it is recognized that the quality of the crime in light of the method of the crime in this case and the circumstances after the crime was committed, it is not light. On the other hand, on the other hand, it is recognized that the defendant does not want the punishment of the defendant any longer, the defendant recognizes all the facts constituting the crime in the first instance court and is against the defendant's living under confinement for a certain period of time, there is no particular criminal history prior to the transfer of this case, and there is a family member to support the defendant, and other circumstances that form the conditions for sentencing as shown in the record, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., since the court below's punishment is too too too unreasonable, the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is again decided after pleading (inasmuch as the prosecutor's appeal is without merit, but the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in its order). The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment of the court below

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud point), Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act (the point of non-reported restaurant business), and the choice of imprisonment with prison labor for each type of crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;