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.

Summary of Grounds for Appeal

The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In addition, even though the defendant had been punished four times for the same crime, the defendant committed the crime of this case at the same time is disadvantageous to the defendant, on the other hand, the defendant led to confession of the crime of this case and reflects himself in depth for the period of two months of detention, the degree of damage is not severe, the defendant did not have any record of punishment after around 2008, and the defendant did not have any record of punishment after the crime of this case, and in light of other various circumstances, which are the conditions of sentencing as shown in the records and arguments of this case, such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, age, character and conduct, environment, etc., the sentencing of the court below is somewhat inappropriate.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The summary of the evidence added "the defendant's oral statement at the court below" to the summary of the evidence of the court below, except for the addition of "the defendant's oral statement at the court below" to the corresponding column of the court below's judgment

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

1. Probation under Article 62-2 of the Criminal Act;