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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).
2. In light of the fact that the defendant had been punished several times including the same criminal record, the circumstances of the crime of this case, etc., the defendant should be punished with severe punishment, but the defendant should be punished with severe punishment; however, the defendant's confession of the crime of this case and his mistake is divided, the damaged goods have already been returned to the trial and reached an agreement with the victim; the crime of this case has already been taken into account the fact that the defendant had already been living in a detention house near three months, and other conditions of sentencing such as the defendant's age, character and behavior, environment, relationship with the victim, and circumstances after the crime of this case are considered, it is unreasonable for the court below to have imposed the
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;