Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
The sentencing of the court below (eight months of imprisonment) is too unreasonable because of the summary of the grounds for appeal.
There is a disadvantage to the defendant, such as the fact that the defendant again commits the crime of this case despite the period of probation.
However, in full view of the circumstances of the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, and all kinds of sentencing as shown in the arguments and records, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, it is recognized that the punishment imposed by the court below is too too unreasonable, and thus, the defendant's allegation of the above unfair sentencing has merit.
Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;