The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's respective arguments on sentencing.

The Defendant recognized the instant crime.

The defendant is a person with a disability in the sixth degree (non-functional) and the defendant's wife is also a person with a disability in the first degree of intellectual disability.

This is the circumstances favorable to the defendant.

However, in the year 2010, the defendant was subjected to suspended sentence for the same crime, but he again led to the crime of this case.

As a result of the instant crime, the victim was suffering from damage requiring medical treatment for about eight weeks, and the Defendant had a total of six times of punishment due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licenseed driving), and had a total of four times of punishment. As such, the Defendant seems to have committed a violation of the law (the Defendant even committed a violation in prison). This is an unfavorable circumstance to the Defendant.

In full view of these circumstances and all of the sentencing conditions in the records and arguments of this case, including the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime (the Defendant submitted an agreement to the lower court, but it is difficult to view it as the victim’s intent, and the victim’s deposited money returned was returned again), the lower court’s punishment is somewhat unscheduled and unreasonable, and thus, the prosecutor’s assertion is reasonable. The Defendant’s assertion is reasonable, and the Defendant’s assertion is groundless.

3. As such, the prosecutor’s appeal is with merit, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is once again after pleading as follows.