The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. The Defendant recognized and reflected the instant crime.

In determining punishment for the instant crime, the equity between the case and the case where the judgment is to be rendered simultaneously with the criminal records entered in the judgment of the court below which became final and conclusive.

However, the defendant had had the same criminal record and had the record of being punished several times again to commit the crime of this case.

There are no circumstances in which damage has not been recovered and the defendant has made a genuine effort to recover damage.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable.

3. In conclusion, the prosecutor'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 the following decision is rendered through

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347 of the Criminal Act concerning the crime (including fraud referred to in paragraph (3) at the time of sale);

1. The “criminal records” column of the judgment of the court below in the crime of fraud stated in the judgment of the court below, which became final and conclusive with the crime of the latter part of Articles 37 and 39(1) of the Criminal Procedure Act and the crime of fraud stated in the judgment of the court below, is included in the crime of obstructing another’s exercise of rights for which the judgment became final and conclusive on October 27, 2017, in addition to the above fraud for which the judgment of the court below became final and conclusive, by sentenceing two years of suspended execution to October 19, 2017, and the crime of this case is both the crime of fraud and the crime of obstructing the exercise of rights