A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. The punishment sentenced by the lower court to the Defendant (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.

In full view of the following facts: (a) the Defendant is led to confession and reflects by the Defendant; (b) the Defendant repaid the considerable part of the amount of damage to the victim in the trial; and (c) the Defendant did not want the Defendant’s punishment by agreement; and (d) the Defendant’s age, character, conduct, occupation, family relationship, environment, motive and means of the instant crime; and (e) the circumstances after the instant crime; and (c) various sentencing conditions as shown in the arguments in

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed in its disposition).”

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;