The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. The punishment of the court below that sentenced ten months of imprisonment is too unreasonable in light of the gist of the grounds for appeal by the defense counsel, the fact that there are families to support the defendant, and the fact that the defendant agreed with the victims, etc.

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and the criteria for the sentencing guidelines and the suspension of execution as to violent crimes, including the confession of the instant facts charged when the Defendant was in the trial, the agreement with the victims, and the fact that the Defendant did not have any record of being sentenced to a suspended sentence or a heavier punishment, etc., as well as the fact that there was no record of being sentenced to a suspended sentence or a heavier punishment, the lower court’s punishment seems to be too unreasonable, as it appears that the Defendant’s punishment is too unreasonable.

3. Since the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the remainder of the judgment below excluding the rejection of an application for compensation order among the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence is as shown in the corresponding column of the judgment below, except for the addition of “1. Defendant’s oral statement” to the summary of the evidence, so it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Probation under Article 62-2 of the Criminal Act;