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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In full view of all the circumstances leading to the instant crime, including the fact that the Defendant did not have any record of being sentenced to the punishment of a fine or heavier punishment, and the Defendant’s allegation in this part is justified, since the sentence imposed by the lower court against the Defendant is somewhat unreasonable, inasmuch as the Defendant’s allegation in this part is with merit, in light of the following: (a) the circumstance and content leading to the instant crime; and (b) the circumstance leading up to the instant crime; and (c) the sentencing conditions indicated in the record after the crime
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);