A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

2. The Defendant is making a confession of a crime and is in depth divided into two.

In addition, if the conditions of sentencing as shown in the record are considered together, it is necessary to re-determine the punishment.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence is as stated in each corresponding column of the lower judgment, except for the addition of “1. Defendant’s trial testimony” to the column for evidence.

Application of Statutes

1. Article 315 of the Criminal Act applicable to the facts constituting an offense and Article 315 of the choice of punishment;

1. The grounds for the reversal of the reasons for sentencing under Article 62(1) of the Criminal Act, and other factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, shall be determined in consideration of the various conditions of sentencing as shown in the pleadings of the instant case, such as the circumstances after the crime.