The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this shall not apply.

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the lower court is too unreasonable, as it is deemed that the Defendant’s above assertion is too unreasonable, since it is well-grounded in light of the following factors: (a) the Defendant was punished for the same kind of crime; (b) the Defendant was at the time of the crime of late late in the first instance; and (c) the Defendant was reached an agreement with the victim; and (d) other various conditions of sentencing indicated in the pleadings, such as the Defendant’s age, character and behavior

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;