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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
Reasons
1. In light of the purport of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) against the defendant, and the victim expressed his/her intent that he/she does not want the punishment, the sentence of the court below that sentenced six months of imprisonment is too unreasonable.
2. In full view of the following facts: (a) the Defendant recognized a mistake and speaks against the judgment; (b) there is no record of criminal punishment for the same kind of crime; (c) the victim expressed his/her intent that he/she would not want the punishment for the Defendant after receiving compensation for damage; and (d) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (e) all the conditions of sentencing specified in the records and pleadings, such as the circumstances after the crime, the lower court’s punishment is unreasonable, and thus, the above assertion
However, considering the fact that the Defendant committed the instant crime during the period of suspension of execution after being sentenced to two years of imprisonment for six months of the suspension of execution on August 18, 2015, due to the crime of violation of the Punishment of Violences, etc. (joint intimidation) in the credit support by the Suwon method of Suwon on August 10, 2015, it is inevitable to sentence the Defendant to the punishment.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;