The judgment of the court below is reversed.

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

1. Determination of the summary of the grounds for appeal (unfair imprisonment with prison labor and in April) is unreasonable;

2. The lower court, while taking into account the Defendant’s reflectivity as favorable sentencing factors, determined the sentence by taking into account the same type of punishment power, the scale of damage, and the unrecovering of damage

However, the defendant agreed with the victim in the appellate trial.

Attached Form

If we re-examine the sentencing factors on the premise of the range of recommending punishment according to the sentencing guidelines (from April to October), the amount of the original sentence is recognized as inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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