The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. The crime of this case in light of the method, frequency, and amount of damage, etc. is not less than that of the crime.

However, the Defendant made a confession of all of the instant crimes in the trial, and is in depth divided.

The Defendant agreed with the victim for the first time.

There is no criminal punishment exceeding the fine and there is no criminal record of the same kind.

The defendant has been living in prison for a certain period of time against the defendant.

In full view of the aforementioned circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, as it appears that the sentence is too unreasonable. Thus, Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The scope of applicable sentencing under the law on the grounds of sentencing under Article 62(1) of the Suspension of Execution Act (the favorable circumstances among the part on the grounds of appeal as to the above grounds): Application of the sentencing guidelines for not more than 10 years (the scope of recommended punishment): General Fraud / Application of the sentencing guidelines for not more than 10 years (the scope of recommended punishment) (one month to one year) (the special mitigated person) in the mitigation area (one month to one year), in a case where the punishment is not imposed or considerable damage is recovered, the decision of sentence shall be made: 8 months in imprisonment and two years in the suspension of execution, in consideration of various sentencing conditions in the judgment on the grounds of appeal as above.