The judgment of the court below is reversed.

The defendant shall be sentenced to 8 months of imprisonment with prison labor for special injury and damage to property.

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (a special injury crime and damage to property: imprisonment with prison labor for eight months, a stay of execution for two years, and a habitual fraud: a fine of three million won) is too uneased and unreasonable.

2. The judgment of the defendant recognized the crime and is against depth and reflects the fact that the defendant is receiving medical treatment by being hospitalized in a mental hospital, the victim of a special bodily injury, the victim of a damage to property and one of the fraudulent victims, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) in the case of special bodily injury and damage to property, and the fact that the amount of damage caused by fraud is less favorable to the defendant.

However, the defendant has a number of times of violent crime, and even though many of them have committed the crime, they committed each of the crimes in this case, and in particular, they committed the crime during the period of probation, and there is a high risk of recidivism.

I seem to appear.

In addition, in full view of the defendant's age, sex, environment, family relationship, circumstances leading to the crime, means and result, and all the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, the court below's punishment is deemed unfair and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1), 257 (1), 366, 351, and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to special crimes of injury and damage to property as stated in the judgment);

1. Article 37 of the Aggravation of Concurrent Crimes Act.