1 The judgment of the court of first instance (Provided, That the part dismissing an application for compensation order shall be excluded) shall be reversed.

Defendant shall be punished by imprisonment for a period of four years and six months.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (the first instance court: imprisonment with prison labor for five years, and the second instance court: fine of one million won) is too unreasonable.

2. Determination

A. In full view of the following facts: (a) the part of the lower judgment on the first instance court’s judgment was raised in the first instance trial; (b) the Defendant agreed with some victims; (c) the Defendant appears to repent and reflect his mistake; and (d) other factors of sentencing as indicated in the records and changes in the instant case, the first instance court’s punishment is too unreasonable.

B. In full view of the fact that the part of the judgment of the court below as to Article 2 (1) of the Criminal Procedure Act regarding the defendant's appeal is not payable even after a considerable period of time has elapsed, and other various sentencing conditions in the records and changes theory of this case are considered, considering the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below No. 2 cannot be deemed unfair since the sentence of the court below is too unreasonable ( although the judgment of the court below and the judgment of the court below No. 1 and the judgment of the court below were consolidated in the trial, the punishment of the court below No. 2 is imprisonment with labor, and the punishment of the court below No. 2 is not punished by a fine and a single sentence with a different type, and the above reasons are not applicable to the judgment of the court below as to the judgment of the court of first instance.

[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 corresponding column of the first judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting a crime and Article 347(1) of the same Act concerning the selection of punishment (private intent).