The judgment of the first instance shall be reversed.

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

Seized evidence No. 1 shall be confiscated.

1. The sentence sentenced by the first instance court (one year of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The risk of the instant crime, the degree of interference with official duties infringed therefrom, etc. are very serious factors for sentencing unfavorable to the Defendant.

On the other hand, the defendant is against the crime of this case, and the crime of this case seems to have committed somewhat contingently after the defendant was interested, the defendant deposited considerable part of the amount of damage (4,00,000 won) after the judgment of the first instance court, and did not have any record of the same crime, and considering all the sentencing conditions appearing in the argument of this case, the punishment of the first instance court is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 144(1), 136(1) (a) (a) of the Criminal Act regarding a crime-related crime in relation to the performance of official duties carrying a dangerous or dangerous thing), 144(1) and 141(1) of the Criminal Act (a) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 48 (1) 1 of the Criminal Act to be confiscated;