The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking account of the following circumstances: (a) the Defendant committed the instant crime and recognized liability; (b) there was no record of punishment exceeding a fine; (c) the victim did not want the Defendant’s punishment by agreement with the victim of fraud; (d) the victim’s partial repayment of the amount of damage incurred by the instant crime is higher; and (e) the amount of damage caused by the instant crime remains more than KRW 70 million; and (e) the liability for the instant crime, such as concealing and rejecting the instant vehicle even if the obligation related to the obstruction of exercise of rights remains more than KRW 70,00,00,000; and (e) other factors that are disadvantageous to the Defendant’s age, character and conduct; and (e) the details and circumstances after the instant crime; and

However, in light of the fact that the victim of the crime of obstruction of another’s exercise of rights was fully repaid the remainder of the judgment below and the above victim did not want the punishment of the defendant, the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the 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. Relevant Articles 347(1) and 323 of the Act on the Protection of Criminal Facts, the Selective of Punishment, and the Selection of Imprisonment with labor;

1. former part of Article 37, Article 28 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act;

1. We examine the allegation of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution.