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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (four months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. The crime of this case was committed by a minor under the age of 13 on the ground that the crime of this case was slick, and the quality of the crime was bad, the defendant had six identical criminal records, the defendant was still under the suspension period of the execution of the same kind of crime, and the crime of this case was committed again without being aware of it, etc., which are disadvantageous to the defendant, or the defendant, the fact that the defendant recognized the crime of this case and reflects it, the degree of injury is relatively minor, the degree of injury was relatively minor, the defendant reached an agreement with the victim during the trial, and other various sentencing conditions as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., it is recognized that the punishment imposed by the court below is too unreasonable.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and the judgment below is
(However, the prosecutor's appeal is without merit, but the decision of the court below is reversed by accepting the defendant's appeal. Thus, the summary of facts constituting an offense and evidence recognized by the court is the same as the entry in the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;