The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. In light of the fact that the accused, by means of the religious belief of the victims, obtained a certain amount of money, the liability for the crime is not less than that of the victims.

However, in full view of the following factors: (a) the Defendant paid the victims the amount of damage to the time of the trial; (b) the Defendant had no record of criminal punishment for the same kind of crime; and (c) the criminal punishment for other crimes similar to the instant crime; and (d) the Defendant’s age, character and conduct, environment; (b) the motive and background of the instant crime; and (c) the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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;

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

3. Article 62 (1) of the Criminal Act on the suspended execution.