A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. As the Defendant had a record of having been punished several times due to violent crimes, the Defendant committed the instant crime at the same time during the suspension of execution due to the same kind of crime, and the Defendant was anticipated to commit the instant crime during the suspension of execution, and the Defendant was able to commit a serious punishment during the suspension of execution, the fact that he avoided the criminal justice procedure is disadvantageous.

However, there are extenuating circumstances such as the fact that the defendant has a depth of his mistake and there has been no history of punishment until now, that the defendant does not want to punish the defendant, that the defendant does not want to punish the defendant, that the defendant supports the children suffering from self-harm, and that there are other conditions of sentencing, such as age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for the crime of this case is one year from two months to one year from imprisonment, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for the crime of this case is too unfair considering the main factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, violence crime group, general injury type 1 (general injury), special form of person subject to punishment, decision on the recommended area, the scope of recommended sentence (limited to two to one year), the scope of sentence (limited to imprisonment) and suspension of execution, etc.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act 1.