The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too heavy or (one year of imprisonment) it is too heavy.

2. We also examine the judgment prosecutor and the defendant's unfair argument in sentencing.

In light of all kinds of sentencing conditions, such as Defendant’s character, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., considering the following factors: (a) the Defendant committed each crime of this case even when he was sentenced to a fine several times for the same crime; (b) the Defendant continued to commit the crime even during the period during which the judgment of the court below was conducted; and (c) the number of times of the crimes is high and size is not small (the victim 66; and (d) the Defendant committed a crime; (b) however, the Defendant’s mistake during a period of eight months in depth and did not repeat the crime; (c) approximately 2/3 degree of damage has been recovered up to the trial of the first instance (the victim 44) (the victim 9,676,000 won was repaid); and (d) the Defendant is still likely to open to the second half of the 20th century.

Therefore, the defendant's improper argument of sentencing is accepted and the prosecutor's improper argument of sentencing is not accepted.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (the prosecutor’s appeal is rejected, but the prosecutor’s appeal is not dismissed as long as the judgment of the court below is reversed by accepting the defendant’s appeal). [Grounds for the new judgment] The summary of criminal facts and evidence are the same as that of the judgment of the court below, and the summary of criminal facts and evidence recognized by the court are the same as that of the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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;

1. Order of community service: Article 62-21 of the Criminal Act;