The judgment of the court below is reversed.

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

The 7-1 unit (No. 1) of the seized Samsung mobile phone S7.

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

Although the nature of the instant crime is not good, the lower court’s punishment is unreasonable, in full view of the following circumstances: (a) the victim wanted to be the Defendant’s wife; (b) the Defendant recognized and opposed to the Defendant at the time of the commission of the instant crime; and (c) the primary offender was the 19 years old at the time of the commission of the crime; and (d) the motive and circumstance leading to the Defendant’s character and conduct, the environment, and the circumstances after the commission of the crime, etc.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act (the points of conflict), Articles 352 and 350(1) of the Criminal Act (the points of attempted conflict) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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

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