The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

The number of days of detention before sentence shall be 46 days.

Considering the Defendant’s age, character and conduct, occupation and environment, motive and means of crime, and the circumstances after crime, etc., the sentence imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s appeal claiming unfair sentencing is reasonable.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts constituting the crime No. 1. A.

Paragraph 1, with the exception of changing " July 6, 2001" to " July 16, 2001," as stated in each corresponding column in the judgment of the court below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 2 (2) and (1) of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 347 (1) of the Criminal

1. Article 35 of the Criminal Act (proviso to Article 42) Aggravation of repeated crimes;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (proviso to Article 42) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 57 of the Criminal Act including the days of detention before sentencing;

1. Article 333(1) of the Criminal Procedure Act to return victims