Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
(2).
Reasons
1. The gist of the grounds for appeal is too heavy for the lower court to impose each sentence on the Defendants.
2. After rendering the judgment of the court below, the Defendants paid part of the amount of damage to the victim and prepared a written application stating that the victim does not want to be punished against the Defendants by mutual consent with the victim.
Considering the above reasons and the conditions of sentencing as stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below on the Defendants is too unreasonable because it is too unreasonable.
3. The judgment of the court below is reversed, and the following is decided after pleading.
[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 356, 355 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. Article 62 (1) of the Criminal Act for a suspended sentence (the consideration given in favor of the victim, such as the agreed point);
1. Determination of punishment by taking into account the reasons for reversal of sentencing and all the conditions of sentencing indicated in the record, under Article 62-2 of the Social Service Order and Article 59 of the Probation Act.