The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. Each of the crimes of this case in the process of acquiring a taxi fee from the victim and destroying the victim's boom and taking the confirmation form a public document into custody to the police station of the above case is tearing, and the case is not less complicated in light of the circumstances and contents of the crime.

The defendant was unable to recover damage to the crime of fraud and damage to property, or to agree with the victim.

There are several criminal records against the defendant, including the suspension of sentence of imprisonment for the same or a different crime.

However, the defendant denied some of the facts charged in the court below, and all of them are recognized and wrong.

The degree of damage caused by the crime of fraud and damage to property is relatively minor.

There is no record of sentence imposed on the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, and motive, means, and consequence of each of the instant crimes, the lower court’s punishment is somewhat heavy.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court are as follows. The summary of facts constituting a crime and summary of evidence admitted by this court is accepted in accordance with Article 369 of the Criminal Procedure Act, except where the court below's partial statement "1. Defendant's oral statement" is deemed as "1. Defendant's oral statement" in the summary of evidence.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 141(1) of the Criminal Act (a point of damage to public documents) and the choice of imprisonment, respectively;

1. The Criminal Act among concurrent crimes.