The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (eight months of imprisonment) of the court below, and the prosecutor asserts that it is too unfied and unfair.

2. The fact that the Defendant’s drinking value is relatively high, and that the amount of damage to the crime obstructing the exercise of rights and the money are not obtained by fraud is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant, such as the fact that the defendant is both aware of his mistake, that the defendant agreed with the victims of the crime of fraud and embezzlement at the court below, that the defendant agreed with the victims of the crime of interference with the exercise of rights at the court below, that the defendant has no record of punishment exceeding the fine.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

Application of Statutes

1. Article 323 of the Criminal Act applicable to the crime (the point of obstructing the exercise of rights), Article 347(1) of the Criminal Act (including each fraud and each victim), Article 355(1) of the Criminal Act (the point of embezzlement) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.