A defendant shall be punished by imprisonment for nine months.

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

2. The judgment of the court below is based on the following facts: the crime of this case was committed under the influence of alcohol by intrusion upon the victim's house, thereby causing bodily injury by carrying with himself an article inserted, which is a dangerous object, under the influence of alcohol; the crime of this case is very bad; the degree of injury suffered by the victim is not deemed unfasible; violence, destruction, obstruction of business, etc.; and in particular, the crime of this case was committed under the suspension of the execution of imprisonment with prison labor due to interference with the execution of official duties, etc., which is disadvantageous to

However, in full view of the fact that the defendant is recognized as committing the crime, the fact that the victim has agreed to pay a certain amount of money to the victim, and other circumstances of sentencing as shown in the records and arguments in this case, such as the defendant's age, sexual conduct, environment, motive, circumstances, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, 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 again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated 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 legal provisions concerning the facts constituting an offense and the point of intrusion upon a residence option: Special injury under Article 319 (1) of the Criminal Act (elective of imprisonment): Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination of the reasons for sentencing under Article 62(2) of the Criminal Act of the suspended sentence shall be based on the same reasons as the disposition, as seen in the judgment on the above reasons for appeal.