The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentence (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed by the Defendant by neglecting his duty to maintain and repair elevators which are public-use facilities, resulting in injury to the aged victim in need of approximately four weeks of medical treatment. However, the act and damage of the Defendant were denied. However, the Defendant’s confession of the crime of this case and the victim’s parents are against the Defendant, and the victim’s parents do not want the Defendant’s punishment by mutual consent at the trial. In full view of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., and other various circumstances that form the conditions for sentencing, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime, etc., the punishment imposed by the lower court seems unfair

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);