The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unhued and unreasonable.

Judgment

Before examining the grounds for appeal by the prosecutor, even though Article 32(2) of the Criminal Act provides that “the punishment of the accessories shall be mitigated to less than that of the principal offender,” the lower court cannot be maintained as it is because it erred by omitting legal mitigation under the above provision in determining the punishment of each aiding and abetting the Defendant.

Thus, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, since the above ground for reversal on the defendant's part of the judgment below is an ex officio ground, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1), Article 231, or Article 234 of the Criminal Act concerning the facts constituting an offense; Article 37 subparagraph 10 of the Resident Registration Act; Article 32 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for aiding and abetting (each aiding and abetting crime)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are not good, but the overall degree of participation cannot be deemed to be severe, and the sentencing conditions of the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, etc., as a whole, indicated in the records and arguments of this case, shall be sentenced to the same punishment as the disposition.