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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant seems to be somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable, inasmuch as it appears that the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);