The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal (e.g., indual) asserts that the Defendant is too uneasible to the punishment sentenced by the lower court (ten months of imprisonment), and that the prosecutor is too uneased and unreasonable.

2. In light of the fact that the defendant did not have criminal records for the last twenty years, that the victims were not punished against the defendant, and that the defendant's age, family relationship, environment, etc. as well as the reasons for sentencing stated in the arguments and records of this case, the punishment sentenced by the court below seems to be unreasonable. As such, the defendant's assertion of unfair sentencing is justified, and the prosecutor's assertion of this is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the disposition.”

Application of Statutes

1. Articles 284, 283 (2) and (1) and 260 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;