1. The judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio the reasoning of the Defendant’s appeal prior to the judgment.

The prosecutor filed a motion to change the name of the crime and the applicable legal provisions in exchange for the purpose of the trial, and the subject of the trial is changed by this court's permission, so the judgment of the court below is no longer maintained.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows after the pleading.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions regarding the facts of crime, Articles 332 and 329 of the Criminal Act regarding the choice of punishment, grounds for sentencing choice of imprisonment;

1. The conditions favorable to the defendant shall be as follows:

· The mistake has been pened in depth.

The victims have not been punished for the defendant by mutual agreement with the victims.

2. The circumstances disadvantageous to the defendant shall be as follows:

· There has been several records of punishment for the same crime.

· In particular, even though the suspension period is under the same crime, the crime of this case has been committed again.

3. In light of the aforementioned various circumstances, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after committing the instant crime, and all the sentencing circumstances recorded in the records, including the motive, means, and consequence of the instant crime, shall be determined as ordered.