The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Busan District Prosecutors' Office that was seized in 2013.

Summary of Grounds for Appeal

The sentencing of the lower court (one year of imprisonment, confiscation) is deemed to be too unhued and unfair.

Judgment

On March 24, 2013, the Defendant committed the instant crime by taking into account the circumstances favorable to the Defendant, but the Defendant had a record of juvenile protective disposition or criminal punishment eight times due to the violation of the Toxic Chemicals Control Act. In particular, the Defendant committed the instant crime by taking seven years into account the following facts: (a) having been sentenced to imprisonment with prison labor for the attempted rape, and having been sentenced to imprisonment with prison labor for a period of 15 times in a kitchen knife, and having been sentenced to attempted murder through a kitchen knife, and the execution of the instant punishment was completed for a period of six months only after the completion of the instant punishment; (b) on March 24, 2013, the instant crime committed on the following occasions: (c) the Defendant escaped despite the police’s direction of stopping while driving in a dniffed state, and was arrested as an offender; (d) the nature of the instant crime is not weak; (d) the Defendant’s motive for committing the instant crime and its circumstances leading to violations of the order of confinement.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;