The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a maximum term of eight months or less.

1. The decision of the court below on the gist of the grounds for appeal (one-year long-term imprisonment and one-year short-term ten months) is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, given that the Defendant’s punishment imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Article 60 (1) of the Juvenile Act in an irregular term;