The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Seized evidence 1, 2, and 3 shall be confiscated.

1. The sentence of the lower court (two years and six months of imprisonment, confiscation, and additional collection KRW 900,000) to the gist of the grounds for appeal is too unreasonable.

2. Determination

(a)The fact that the volume of penphones handled is not significant, the history of punishment for the same crime is several times, as well as the fact that the crime of this case is committed again during the period of repeated crime, which is disadvantageous to the defendant;

However, the sentencing of the court below is too unreasonable in light of the following: (a) all errors after the closing of argument in the court below are divided and contradictory; (b) the victim agreed with the victim of the crime by using computers, etc. in the trial; and (c) the victim does not want the punishment of the defendant; and (d) the records and all other reasons for the punishment specified in the proceedings, such as the defendant's age, character and conduct, environment, motive leading to the crime

B. Therefore, the argument of unfair sentencing 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 the following decision is rendered after pleading.

[C] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as follows: (a) the facts constituting an offense and the summary of the evidence are as follows: (b) the facts constituting an offense and the summary of the evidence have been sold in compliance with Section 14 of the original judgment; and (c) the summary of the evidence is as stated in each corresponding column of the original judgment, except where “the Defendant’s partial statement” in the summary of the evidence is deemed as “the Defendant’s oral statement at the trial”

Application of Statutes

1. Article 60(1)2, Article 4(1)1, subparagraph 3(b) of Article 2, Article 152, Article 43 of the Road Traffic Act, Article 347-2 of the Criminal Act, Articles 347-2, and choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.