The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. In full view of the following factors: (a) the Defendant expressed his/her intention that the Defendant would not want the punishment of the Defendant by mutual consent with the victim; (b) the Defendant’s criminal records and other criminal records, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all sentencing conditions presented in the pleading up to the trial, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

In other words, the facts constituting a crime and the summary of the evidence recognized by the court as stated in the reasoning of the judgment below are the same as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The sentence as ordered shall be determined in consideration of the various circumstances examined prior to the reasons for sentencing under Article 62-2 of the Criminal Act.