The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant, as if the Defendant was informed of the victim’s identity identity and family members of the non-humanity relationship, it was committed by receiving five million won or more from the victim and passing it back to the victim, and then the Defendant was attempted. In light of the method and method of attack, the issue was very heavy, and the Defendant committed the crime of this case when he had been sentenced to imprisonment for the same kind of crime in the past, even though he had the record of being sentenced to imprisonment, it is inevitable to sentence sentence to the Defendant.

However, considering the fact that the defendant recognized his mistake and reflects the fact that the victim submitted a written application to the effect that he does not want the punishment of the defendant in the trial, the court below judged that the punishment imposed by the court below is unreasonable, taking into account the following circumstances: the defendant's age, character, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records of this case, such as the circumstances after the crime.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(A) Although the appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed unless the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded).

(Article 369) Application of the Criminal Procedure Act;

1. Relevant provisions of the Criminal Act, Article 350(1) of the Criminal Act (the point of conflict), Articles 352 and 350(1) of the Criminal Act (the point of attempted conflict) concerning criminal facts;