The part of the judgment of the court of first instance against the defendant is reversed.

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

except that this judgment.

1. The sentencing of the first instance court (each confiscation of 8 months of imprisonment and 1 to 3 of evidence) against the accused in the summary of the reasons for appeal is too unreasonable.

2. In light of the period, content, frequency, etc. of the instant crime, the severity of the nature of the instant crime, the circumstance that the Defendant does not want the punishment of the Defendant under an agreement with the victim AA, U, Z, or AB whose identity was known in the first instance and the trial of the court of appeal, the Defendant has no criminal record, as well as one time a fine for negligence, and the Defendant has been tried for more than 10 days, and the Defendant has been tried for more than 10 days, and the Defendant’s social relation, such as family relation, is obvious, it is deemed that the possibility of recidivism by the Defendant is low, and the sentencing by the first instance court is recognized as unreasonable, and the above argument by the Defendant is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 362 (1) of the Criminal Act concerning the crimes. Article 362 (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;