The judgment below

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

The defendant shall be punished by imprisonment for four months.

The court below rejected the application for compensation order B by the applicant for compensation, and the court's judgment becomes final and conclusive immediately since the court's judgment cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc.

Summary of Reasons for appeal

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The offense of the accused is not suitable in light of the means, circumstances, etc.

Defendant has been punished for the same kind of crime.

However, it is against the defendant's recognition of crime.

Although the victim has tried to punish the defendant, after the decision of the court below, the defendant paid damages to the victim and agreed to do so, and the victim does not want to punish the defendant from that time.

In full view of such circumstances as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the instant records and arguments, the lower court’s punishment is deemed unfair due to its failure.

4. As the appeal by the defendant is well-grounded, the part of the judgment below excluding the rejection of the application for compensation order among the court below's dismissal order pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

[Judgment of the court below as to the remainder other than the dismissed part of the application for compensation order in the judgment below] Criminal facts and summary of evidence as to the defendant recognized by this court is identical to the corresponding column of the court below's judgment. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.