The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. In light of the substance of the crime of this case, although the crime of this case is not less than the nature of the crime and the crime of this case, there is no history of criminal punishment exceeding the fine, damage caused by the crime of this case cannot be deemed to be relatively serious, the defendant recognizes the crime of this case late in the trial, and the defendant has divided his mistake in depth for about three months, above all, the defendant reached an agreement with the victims, and considering other various conditions of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the court below is deemed to be unfair because it is too unreasonable. Thus, the above argument of the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(3) In light of the above legal principles, the court below erred by misapprehending the legal principles as to criminal facts and evidence, and thereby exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal by the court below.

Application of Statutes

1. Article 3(1)1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Articles 2(1)1 of the same Act, Article 283(1) of the Criminal Act, Articles 300 and 298 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) (amended by Act No. 11731, Apr. 5, 2013); Article 257 of the Criminal Act.