The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred hours of community service order) is too unhued and unreasonable.

2. Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without permission makes a confession or acceptance of a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive.

On the other hand, there is no evidence to deem that the judgment, etc. on B had already become final and conclusive with respect to the facts charged in this case, explicitly from the original trial to the trial, including the criminal intent, and there is no evidence to support that the Defendant made a confession before the judgment on the reported case became final and conclusive. As such, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

Nevertheless, as the lower court omitted the necessary mitigation, the lower court became unable to maintain it in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Articles 352 and 347 (1) of the multiple-choice Act concerning criminal facts, Article 156 of the Criminal Act and choice of imprisonment with prison labor;

1. Articles 157, 153, and 55 (1) 3 of the Act on the Punishment, etc. of Reduced or Exempted Criminal Act (in the case of accusation as it has been confessioned);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act on probation;

1. The defendant with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the crime of this case.