A defendant shall be punished by imprisonment for not more than ten months.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In this case, there are grounds for a request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). The lower judgment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the grounds as seen above.

【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are cited in accordance with Article 369 of the Criminal Procedure Act, except for adding ‘the defendant's oral statement at the court below' to the summary of the evidence in the reasoning of the judgment below, since it is identical to each corresponding column of the judgment below.

Application of Statutes

1. In full view of all the circumstances favorable to the defendant, such as the circumstance favorable to the defendant, character and behavior, attitude and attitude of the defendant, background leading up to the crime, method and result of the crime, amount of damage, conditions before and after the crime, etc., the sentence is determined as ordered by comprehensively taking account of the following: (a) the reason for sentencing a sentence of imprisonment, Article 347(1) of the Criminal Act, the defendant’s reasons for sentencing choice of punishment, and the defendant’s withdrawal of a complaint and the submission of a written application for non-prosecution of punishment to