The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The defendant asserts that the summary of the grounds for appeal (e.g., imprisonment with prison labor) by the court below is too uneasible to the defendant, and that the prosecutor is too uneased and unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the records, including the fact that the victims do not want criminal punishment by making an additional repayment of part of the amount of damage incurred in the Defendant’s trial and an agreement with the victims, and that there is no criminal power exceeding the fine, etc., the lower court’s punishment seems to be unreasonable, on the ground that the Defendant’s allegation of unfair sentencing is reasonable, and the prosecutor’s assertion on it is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed.”

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;