All judgment of the court below shall be reversed.

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

, however, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The sentencing (the first instance court: the imprisonment of April, the suspension of execution, the second instance court: the imprisonment of June, the suspension of execution, the two years of the suspension of execution, and the community service 80 hours) of the original court is too unreasonable.

The sentencing of the court below by the prosecutor 2 is too unfortunate and unfair.

Before the judgment on the grounds for appeal ex officio, the defendant examined the judgment of the court below, and the prosecutor filed an appeal against the judgment of the court of appeal against the judgment of the court of second instance, and this court decided to concurrently examine each of the above appeal cases. Since each of the offenses of the judgment of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and therefore, all of the judgment of the court below

If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for ex officio reversal as above.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the total amount of damage which was agreed with the victim and repaid to the extent of KRW 30 million, among the total amount of damage KRW 58 million, there is no previous criminal record subject to punishment heavier than the previous and fine, and considering

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;