The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (three months of imprisonment) is too unreasonable.

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

2. The facts that the judgment defendant recognized and reflected the instant crime, and the victims do not want punishment against the defendant are favorable circumstances.

However, even though the defendant was sentenced to a fine or punishment for property damage several times during the period from 2011 to 2017, he/she committed the crime of property damage in this case at another time during the same repeated crime period, and committed the crime of fraud in this case three times during the short term during the above repeated crime period, and it appears that the risk of recidivism is high in light of the criminal record, the criminal records, the details of the crime, the timing of the crime, etc.

In full view of these circumstances, Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, various sentencing conditions shown in the records and arguments of this case, and the results of the application of sentencing guidelines by the Sentencing Committee, the lower court’s sentence is deemed unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “The defendant’s appeal shall not be justified, but the defendant’s appeal shall not be dismissed separately from the disposition of the court below, inasmuch as the court’s appeal is accepted by the prosecutor, and the judgment of the court below is reversed.”

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation for concurrent crimes;