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

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The Defendant has been punished several times for the same crime even before each of the crimes in this case.

Although the defendant is under suspension of execution due to the same crime, he/she committed each crime of this case.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized each of the crimes in this case and reflected against himself.

When the defendant is in a trial, the victim has not been punished for the defendant by agreement with the victim.

Taking into account the above circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, as well as various circumstances revealed in the pleadings of this case, the lower court’s punishment was changed in the trial, resulting in the change of sentencing conditions, and was too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(No prosecutor’s appeal is well-grounded, but the decision of the court below shall not be dismissed separately from the disposition, inasmuch as the defendant’s appeal is accepted and the decision of the court below is reversed). [The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, it shall be cited in accordance with

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and Articles 283(1) of the Criminal Act, each of them shall be punished by imprisonment with prison labor;