The judgment below is reversed, and the case is remanded to the Seoul Southern District Court.

The grounds of appeal are examined.

The record reveals the following facts.

The first instance court applied Articles 258-2(1) and 257(1) of the Criminal Act to the charge of this case against the defendant, and the statutory penalty for the crime of this case is one to ten years.

The first instance court sentenced one year of suspension of execution to five months of imprisonment, which is lower than six months of imprisonment, which is the lower limit of the applicable sentences, for which the reduction of the amount of reduction was carried out.

Therefore, the prosecutor appealed on the grounds of misunderstanding of legal principles and misunderstanding of the fact that the prosecutor sentenced a sentence lower than the lower limit of the applicable sentence against the judgment of the first instance, but the lower court rejected only the prosecutor’s wrongful assertion of sentencing, and did not render any judgment as to the allegation of misunderstanding of legal principles.

Therefore, the court below erred by misapprehending the legal principles on reduction of amount of punishment and determination of punishment, and omitting judgment on the grounds for appeal by the prosecutor.

It is clear that this affected the conclusion of the judgment.

The ground of appeal pointing this out is with merit.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.