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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Summary of Grounds for Appeal
The sentencing of the court below (one year of imprisonment) is too unreasonable.
Judgment
In this case, the crime of this case was committed against the defendant, who was sentenced to a suspended sentence of three years in 1 year and six months, due to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), which was stated in the first head of the crime of this case in the judgment of the court below, and was sentenced to a suspended sentence of three years in 1 year and six months, and is disadvantageous to the defendant. The defendant committed the crime of this case in this case during the grace period. The defendant committed the crime of this case in this case. The victim agreed with the defendant and her wife. When the defendant was sentenced to the punishment of this case, the defendant must return the punishment of this case to the defendant for 1 year and six months in violation of the above Punishment of Violences, etc. Act (a group, deadly weapon, etc.). The defendant should return to the defendant before the crime of this case. In particular, the defendant's motive for the crime of this case and the circumstances of this case after the suspended sentence of this case, are considered in light of the following circumstances and circumstances.
Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are all the same as the corresponding columns of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the facts constituting an offense and the punishment of selecting an act of violence, etc.;