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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (four months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.
2. As to the assertion of unfair sentencing between the parties of the judgment, the crime of this case is an unfavorable circumstance to the defendant, a police officer, who was called up after receiving a report by the defendant, who is a restaurant business operator F and vagabonds under the influence of alcohol. The crime of this case is against the defendant. The victim slope E, a police officer, who was called up after receiving a report by the defendant. The victim’s hair E (hereinafter “victim”). The case is that he openly insultings the victim by exposing her head or her tran, thereby openly insulting the victim, and the case is not easy, and the defendant did not reach an agreement with the victim.
However, when the defendant was tried to commit the crime of this case, it appears that he/she made a confession of the crime of this case, and that he/she would reflect his/her mistake in depth through his/her prison life for about two months, and that he/she did not have the same criminal record
In full view of the above circumstances and the character, conduct and environment of the defendant, the circumstances and results of the crime of this case, and all the circumstances that are conditions for sentencing as shown in the records and pleadings, the sentence imposed by the court below is somewhat inappropriate, and thus, the defendant's allegation of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit, and the judgment below is reversed and it is decided as follows through pleading.
(2) In light of the above legal principles, the Criminal Procedure Act provides that the Criminal Procedure Act shall apply to cases where an appeal by a prosecutor is groundless, but the original judgment shall not be dismissed separately. In light of the above legal principles, the Criminal Procedure Act shall apply to cases where an appeal by a prosecutor is accepted by a defendant and the original judgment is reversed.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;