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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. In light of the gist of the grounds for appeal by the defense counsel, the fact that the accused is against the mistake and that there is no record of criminal punishment other than a fine, etc., the sentence of the court below that sentenced six months of imprisonment is too unreasonable.
2. In light of the following factors: (a) the Defendant’s mistake is against the victim; (b) the victims have been recovered from damage to the victim during the trial; and (c) the victims expressed their intent not to be punished; and (d) the motive and background of each of the crimes of this case; (b) the circumstances before and after the commission of the crimes of this case; (c) the degree of damage; and (d) the Defendant’s character and conduct and environment as shown in the records and arguments of this case, the lower court’s punishment is deemed unreasonable; and therefore, (d)
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Obstruction of one’s exercise of one’s right and one’s exercise of one’s right to commit a crime: Article 323 of the Criminal Act;
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 on the suspension of execution;