Text
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. In light of the arguments in this case and the sentencing reasons indicated in the records, such as the fact that the defendant has no record of being punished for the same crime, the fact that the defendant paid a considerable portion of the amount of damages to be incurred to the court of first instance, and that the victim agreed smoothly with the victim, the punishment of the court below
3. If so, the defendant's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the remaining part of the judgment below, excluding the rejection of the application for compensation order, shall be reversed, and this decision shall be
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be determined as per Disposition in consideration of the circumstances stated in Article 62(1) of the Criminal Act.