The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) 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 unfair argument of sentencing together with each of the following: (a) in light of the form of the instant crime and the method of the commission of the instant crime; and (b) the liability of the crime is not less than that of the crime; and (c) the amount of defraudation is up to twenty

However, considering the following factors: (a) the Defendant led to the confession of the crime and divided his mistake; (b) there was no record of punishment for the same kind of crime; (c) the Defendant agreed with the victim at the time of the conviction; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions stated in the arguments in the instant case, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);