Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
except that this judgment.
Reasons
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (one year and two months of imprisonment), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the defendant's age, character and environment, social ties, etc., as the court below's punishment is unreasonable, since it seems that the defendant's punishment is unreasonable, the defendant's argument that the defendant's punishment is justified, and the prosecutor's assertion on this is without merit.
3. As such, the defendant's appeal is reasonable, and the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading (as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in the separate order). 【The grounds used again against the defendant 【the facts constituting the crime and the summary of evidence recognized by the court below are the same as the corresponding columns of the judgment of the court below. Thus, it is cited
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347 of the choice of punishment, Article 37 of the Criminal Act, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated for concurrent crimes of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;