The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The first instance court's decision is somewhat unreasonable in full view of the following: (a) the Defendant’s mistake was divided in depth and would not repeat again; (b) the victim wanted to leave the Defendant’s wife; (c) the Defendant did not have any particular criminal power; and (d) the Defendant did not have any other criminal power; and (e) the Defendant's age, character and conduct, family circumstances before and after the crime, etc., the Defendant's fine imposed on the Defendant is somewhat inappropriate.

3. According to the conclusion, the appeal by the defendant is justifiable, so the judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act (Selection of Fine for thief), Article 236 of the Criminal Act (the occupation of larceny), Article 236 of the same Act (the occupation of unlawful uttering of private documents), Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, which is aggravated for concurrent crimes; 1,00,000 won; 1. Articles 70 and 69 (2) (the daily 50,000 won) of the Criminal Act, which is to be suspended for a suspended sentence on January 1, 50;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act does not apply to the defendant without any grounds for disqualification for the suspended sentence,