The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for one year.

1. The punishment sentenced by the first instance court (one year and three months of imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. The crime of this case committed by the Defendant is an element of sentencing unfavorable to the Defendant, such as: (a) the Defendant committed a false accusation under the pretext of an agreement; (b) the Defendant committed the crime of this case, even though he had been sentenced to a suspended sentence due to the attack in 2012; and (c) the Defendant committed the crime of this case even though he had committed the same offense.

However, in the appellate trial, the defendant did not want the punishment of the defendant by mutual consent with the victim D, and the defendant deposited KRW 3 million for the victim J, and the defendant is in depth divided into his mistake, and other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., it is judged that the punishment of the first instance court is somewhat heavy.

Therefore, the defendant's assertion of unfair sentencing is accepted.

3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the first instance is reversed, and the following judgment is rendered after pleading.

Since the criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first instance, it shall be admitted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, Article 156 of the Criminal Act, Article 350 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

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