The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

Defendant

The punishment of the court below (two years of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

In full view of the following circumstances: (a) agreement with the victim was reached at the time of the trial for the first time; (b) the first case, the first crime of which the defendant was involved in the order of a person without the name of the victim, was committed so that there was no actual damage; (c) there was no profit acquired from the crime; (d) the defendant has no record of criminal punishment in Korea; and (e) the defendant is in depth and is in contravention of the defendant’s age, character and conduct, environment, motive and circumstance leading to the crime of this case; and (e) the circumstances after the crime, etc., which are the sentencing conditions

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 352 of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) and (3) of the Criminal Act for confiscation and destruction;