The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, confiscation) of the lower court is too unreasonable.

2. On July 11, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Suwon District Court for a period of ten months, and committed the instant crime in possession of a knife with a deadly weapon without being aware of it during the period of the suspension of execution, and did not reach an agreement with the victim until the judgment was rendered.

However, when considering the above circumstances, the sentencing of the court below against the defendant is somewhat unreasonable, considering the factors favorable to the defendant, such as the confession of the body of the crime of this case, the repayment of the obligation to borrow money to the victim who was the basis of the crime of this case, the defendant who was sentenced to imprisonment due to the crime of this case, the sentence of the previous suspended execution should be invalidated, and the defendant shall additionally return to ten months after the suspended execution. In light of the above circumstances, it appears that this would be too harsh, and other various sentencing conditions in the records of this case.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) changing the “part of the defendant’s testimony” in the summary of the evidence in the judgment of the court below to the “written statement at the court of the court of the defendant”; and (b) adding “the present presence of seized articles (Evidence No. 1)” to the “written statement at the court of the defendant,” and (c) see it as it is in

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the same.