The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for a period of eight months) is too unhued and unreasonable.

Judgment

The fact that the defendant acknowledges his mistake, that the defendant must support the two children ageed, that the crime of this case is a concurrent crime between the previous conviction in the judgment of the court below that became final and the latter part of Article 37 of the Criminal Act, and that it is necessary to consider the case and equity at the same time.

However, the Defendant committed a cruel act by combining a female victim who has her husband with his her her her son with reasons that the Defendant does not keep her her son away. The crime of this case is very poor in the nature of the crime, there are several criminal records against the Defendant, and the crime of this case is committed during the trial on the previous conviction [the crime of violation of the Punishment of Violences, etc. Act (a collective or deadly weapons)] in the judgment of the court below, and it seems that the Defendant’s attitude at the time of light of the legal order is serious. Considering the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is deemed unfair, and thus, the Prosecutor’s assertion is reasonable.

3. Therefore, the prosecutor's appeal is with merit, 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 after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 277 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;