The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and confiscation) declared by the court below is too unreasonable. The prosecutor asserts that the prosecutor is too unfasible and unfair.

2. The defendant's confession of the crime of this case in the trial of the court, reflects his mistake, and agree with the victim, and other grounds for sentencing as stated in the arguments and records of this case, such as the defendant's age, occupation, career, family relationship, environment, etc., are inappropriate since the defendant's punishment imposed by the court below is unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit. The prosecutor's assertion

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed in a separate order, since the defendant’s appeal is accepted and the judgment of the court below is reversed.”

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;