The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

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

2. The crime of this case is an unfavorable circumstance, such as the fact that the defendant deceivings the victim of his pro-Japanese arrest and thereby is not good to the nature of the crime, and that the amount acquired by deception is not 50,000 won in total.

On the other hand, the fact that the defendant recognizes his mistake and reflects the fact that he was sentenced to the same kind of punishment, there is no previous conviction, and the fact that the defendant did not punish the defendant by agreement with the victim.

In addition, considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual conduct, environment, etc., various sentencing conditions as shown in the arguments of this case, and the results of the application of the sentencing guidelines of the Supreme Court Sentencing Commission (one year from one month to one year) / [the scope of the recommended punishment] of the mitigation area (one month to one year from one hundred million won), the mitigation area (one month from one year), [the person who has been specially mitigated] of the mitigation area, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the appeal by the defendant is again decided as follows (as long as the appeal by the defendant is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting a crime and evidence acknowledged by the court is as stated in each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;