The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The determination of the Defendant committed each of the instant crimes, even though he/she had been punished once by a fine for the same crime, and again committed each of the instant crimes, and the total amount of damage incurred by the instant crime is equivalent to KRW 58 million, etc. that are disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant has recognized each of the crimes in this case, and appears to be against the defendant, the fact that the defendant has agreed with the victim, and that there are four children to support the defendant.

In addition, when comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentence imposed by the court below is deemed to be too unreasonable, and the defendant's assertion is reasonable.

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 defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

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

1. The sentence shall be determined as ordered in consideration of the various circumstances in light of the reason for sentencing prior to the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances as seen above);