Text
The judgment below
The part of the defendant, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. In full view of the circumstances unfavorable to the Defendant, such as the nature of the crime of this case, the fact that the crime of this case is not good, and the amount of damage therefrom is not much significant, or that the Defendant recognized the crime of this case and reflects it, that the Defendant does not want punishment against the Defendant by mutual consent with the victim, that the Defendant does not want to have any criminal records prior to the crime of this case, and that there are no criminal records prior to the crime of this case, and other various sentencing conditions indicated in the argument of this case, such as the background of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, and the environment
3. As such, the defendant's appeal is reasonable, and the part of the judgment below regarding the defendant except the compensation order among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the part against the defendant among the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 30 of the Criminal Act, Articles 347-2 and 30 of the Criminal Act concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Social service order under Article 62-2 of the Criminal Act;