The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months’ imprisonment without prison labor) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) the Defendant and the Prosecutor’s unfair argument of sentencing together with each other; (b) the Defendant was punished for the same kind of crime; and (c) the victim suffered serious injury due to the instant crime, i.e., the end of the death and the degradation of recognition ability.

However, in consideration of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the Defendant’s punishment imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is with merit, while the Prosecutor’s assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor's appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are the same as that of the judgment below, and thus, the summary of the evidence is identical to the

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);