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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for up to seven months.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two-month suspended execution of imprisonment for a period of eight months, one hundred and sixty-hours for community service) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. It is recognized that the Defendant and the Prosecutor’s respective arguments of the sentencing were examined together with each other, and that there are no circumstances to consider the circumstances leading to the instant crime.
However, considering the following factors: (a) the Defendant has been sentenced to a fine on 19 occasions; (b) the Defendant has been sentenced to a suspended sentence and has the record of being punished for the same offense; (c) the victim’s injury was significantly significant; (d) the victim failed to agree with the victim; and (e) the victim’s intent to punish the Defendant; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, etc., the sentence imposed by the
Therefore, the prosecutor's argument is justified, while the defendant's argument is without merit.
3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading (Provided, That as long as the court’s appeal is reversed on the grounds of its reasoning, the court’s appeal shall not be dismissed separately). The summary of the facts constituting an offense and the evidence and the summary of the evidence are the same as that of the court below’s respective corresponding columns, thereby citing it as it is in accordance
Application of Statutes
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;