The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Summary of Grounds for Appeal

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

Judgment

The defendant committed each of the crimes of this case in order to raise money to use for gambling money, the acquired amount of the crime of this case in 2019 Man-Ma5,50,000 won, and the victims of the crime of this case in 2020 Man-Ma1173 up to 15 persons, and up to the trial, the damage of the victim C of the crime of this case in 2019 Man-Ma5891 was not recovered in reality, and the fact that the victim of the crime of this case in 2020 Man-Ma1173 was not taken out from the victims of the crime of this case in 2020 Man-Ma1173 is disadvantageous.

However, in the investigation stage, the defendant recognized each of the crimes of this case, and paid the amount of damage to three victims of the crime of this case of 2020 Godan1173 at the investigation stage, and paid the amount of damage to 10 victims of the crime of this case of 2020 Godandan1173 at the trial stage, and agreed with the victim C of the crime of this case of 2019 Godandan5891, and there is no record of punishment exceeding the fine.

In full view of the circumstances favorable to the defendant and the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment of the court below was changed in the trial, resulting in the change of the conditions of sentencing, and was unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment