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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.
Reasons
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. In full view of the following factors: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant was committed; (b) there was no record that the Defendant was punished in excess of the fine in the trial; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the crime; and (e) the lower court’s punishment is unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Determination of the sentence as ordered by comprehensively taking account of the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act.