A defendant shall be punished by imprisonment for four months.

2. In light of the applicable law and content of the instant crime, there is no good quality of the crime; the Defendant was punished three times for the same type of crime; in particular, on May 22, 2015, with a sentence of two years of suspended execution on August 30, 2015, the Defendant committed the instant crime without being informed of the fact that he/she committed the instant crime without being informed of the fact that he/she was under suspended execution, after the sentence of two years of suspended execution was issued on May 30, 2015.

However, it appears that the defendant led to the confession of the crime of this case and living in custody for more than 3 months, and the crime of this case appears to be a living crime, the amount of damage is low, the victim is not punished by the victim by agreement with the victim, and the defendant has the record of the same crime, but the above record is the past of 13 years of age.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions indicated in the instant case records and arguments, the sentence imposed by the lower court is unreasonable due to the absence of sentence.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The order is based on the consideration of the sentencing conditions as seen earlier in Article 330 of the Criminal Act regarding criminal facts.