The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year 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 (4 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, when the defendant was in the first instance, the defendant agreed with the victim, and the victim does not want the punishment of the defendant.

The Defendant is an initial offender who has no criminal history.

The Defendant made a confession of all of the instant crimes, and even had a period of time against the Defendant’s living through detention for a certain period of time.

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. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. The scope of applicable sentencing under the law on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act: Application of sentencing guidelines not exceeding 10 years [the scope of recommended punishment] to the general fraud [the scope of punishment] to the mitigated area (one to one year below 100 million won] [the person who is specially mitigated] to whom punishment is not imposed, or to whom considerable damage is recovered, the decision of sentence: The decision of sentence shall be made by taking into account the following factors: four months of imprisonment with prison labor and one year of execution into account various sentencing conditions in the judgment of the reasons for the above appeal.