The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the nature of the instant crime is bad in light of the circumstances of the instant crime and the amount of damage, etc.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflects against the Defendant; (b) the victim did not want to be punished by the Defendant by agreement with the victim when the Defendant was in the first instance trial; (c) the Defendant did not have any record of having been punished by a suspended sentence or heavier for the same crime; and (d) the Defendant’s age and other circumstances constituting the conditions for sentencing as shown in the instant pleadings,

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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, Article 327 of the Criminal Act, Article 327 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act (the above provision);

2. (b) Circumstances favorable to the entries in the port;