The judgment below

Part concerning the second crime in the judgment shall be reversed.

6 months of imprisonment with prison labor for the crime of Article 2 of the judgment of the defendant.

【Judgment on Grounds for Appeal】

1. The punishment of the court below against the accused (each of the crimes of No. 1 at the time of appeal: 10 months of imprisonment, and the crime of No. 2 at the time of decision: 10 months of imprisonment) is too unreasonable; and

2. There are favorable circumstances, such as the fact that there is a family member to support the defendant.

However, there are several cases where the defendant was punished for the same kind of crime, each crime of Article 1 of the judgment of the court below is a crime during the period of repeated crime, each crime of Article 1 of the judgment of the court below is a criminal act during the period of repeated crime, and each crime of Article 1 of the judgment of the court below is a criminal act by taking money by taking over the victim's physical card which the defendant had known to the general public by taking over the money in the account of the victim's account, and it is not good to commit the crime of Article 2 of the judgment of the court below. The crime of Article 2 of the judgment of the court below is also a criminal act by deceiving the victim with the intention to use for horse expenses, and it is not good to commit such crime, and it is not sufficient to be punished for the defendant, and it is also appropriate to punish the court below as to the crime of Article 1 of the judgment of the court below.

However, in the case of the crime of Article 2 of the decision of the court below, considering that the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc., which became final and conclusive on November 19, 2010, and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on March 10, 201, could have been tried together, the punishment of the court below is somewhat excessive.

Therefore, the defendant's argument about each crime of No. 1 in the judgment below is without merit, and the defendant's argument about No. 2 crime is with merit.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, since the appeal against the second crime as stated in the judgment of the court below is justified.