The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

(2) the date of this judgment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In the first instance trial, the Defendant paid part of the amount to the victim, and agreed to pay the remainder of the damage in the appellate trial, and submitted a written agreement again.

Although the defendant has been sentenced to a fine for two times, he/she has not been subject to more severe punishment.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: in addition to “the defendant’s legal statement in an appellate trial” in the column of the evidence, all of the judgment below are identical to each corresponding column of the judgment below, and 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 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. Standards for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Persons who are subject to special mitigation in the mitigation area (one month to one year) within the scope of the recommended punishment, and who are subject to the general fraud (less than one hundred million won): No one shall be subject to punishment;

2. Main reasons for a stay of execution: positive - General reasons for non-execution of punishment: positive - absence of a criminal record of a stay of execution or more.