The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (4 months of imprisonment) is too unreasonable.

Therefore, in light of the fact that the defendant committed the crime of this case even though he had been punished several times due to the same kind of crime, even though he had the record of punishment, it is reasonable to strictly punish the defendant.

However, in full view of the following: (a) the Defendant was detained in prison life for a period of approximately two months and was able not to commit such a crime; (b) the Defendant was able to refrain from committing such crime; (c) the Defendant’s health condition is also good; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) all the sentencing conditions indicated in the present arguments and records, including the circumstances after the crime, etc., the sentencing of the lower court is deemed unreasonable, and thus, the Defendant and his defense counsel’s assertion is reasonable.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 of the School Health Act and Articles 19 and 6 (1) 12 of the same Act concerning the option of criminal facts;

1. Article 62 (1) of the Criminal Act of the suspended execution ( Taking into account the favorable circumstances in the preceding reason for reversal);