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The judgment below
The remainder, other than the rejection of the application for compensation, shall be reversed.
Defendant shall be punished by imprisonment with prison labor for not less than ten months.
Reasons
1. The gist of the grounds for appeal asserts that the defendant is too unreasonable because of the excessive amount of punishment sentenced by the court below (ten months of imprisonment), and the prosecutor asserts that the punishment sentenced by the court below is too uneased and unreasonable in light of the method of crime in this case, circumstances after the crime, and the amount of damage is large.
2. In full view of all the circumstances such as the Defendant’s repayment of the amount of damage to the victim and the agreement with the victim, the Defendant confessions and reflects against the victim, the Defendant has no ability to punish the Defendant, and the Defendant’s character, conduct and environment, the circumstances and result of the instant crime, etc., and the conditions of sentencing as shown in the records and arguments, the sentence sentenced by the lower court is deemed unreasonable.
Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.
3. In conclusion, the prosecutor's appeal is without merit and the defendant's appeal is with merit. Thus, the judgment of the court below is reversed and it is decided as follows.
(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed.” (Reasons for multi-use judgment) Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Therefore, this is
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);