The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for three years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The Defendant’s judgment on the Defendant’s assertion of unreasonable sentencing, even though he was under suspension of execution for a same kind of crime, should be punished for severe punishment. However, the Defendant appears to have a profound attitude toward the Defendant’s punishment. The Defendant did not want the Defendant’s punishment, and the Defendant’s age, character and conduct, difficult circumstances, family relation, motive and circumstance of the crime, means and consequence, and circumstances after the crime are considered to be too unreasonable in light of the following circumstances.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] The summary of facts constituting an offense and evidence recognized by the court is as follows: (a) the summary of facts constituting an offense and evidence is deleted from the first to third facts constituting an offense; and (b) it is identical to the description of each corresponding column of the judgment below. Therefore, it is acceptable in accordance with

Application of Statutes

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

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

1. Decision on the grounds for sentencing under Article 62-2 of the Criminal Act for probation: Imprisonment with prison labor for ten months, three years of the suspension of execution, and the conditions for sentencing prior to probation shall be determined as the same as the order;