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The judgment of the court below is reversed.
The punishment of the accused shall be determined by six months of imprisonment.
However, from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. Determination of the Defendant’s criminal act is disadvantageous to the fact that the so-called large-sized vehicle under the jurisdiction of the State, such as the imposition of fines for negligence on the violation of laws and regulations, is detrimental to the management of the vehicle and that large-sized vehicle
On the other hand, the defendant led to the confession of the crime of this case, and his mistake is divided.
After the first sentence of the trial, the victim was restored to the victim and agreed.
In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is unlimited and deemed unfair. As such, the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes
1. Relevant Article 323 of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;