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The judgment of the court below is reversed.
The punishment of the accused shall be determined by six months of imprisonment.
(2) the date of this judgment.
Reasons
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. However, when the defendant was in an appellate trial, the injured party does not want to be punished by the defendant, in agreement with the victim JW MW Mega Co., Ltd.
Comparing to the sentencing conditions indicated in the record and the theory of change along with the background, method, and amount of damage of the instant crime, the lower court’s sentence against the Defendant is unreasonable.
Therefore, the defendant's argument of sentencing is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 62 (1) of the Criminal Act on the suspended execution;