A defendant shall be punished by imprisonment with prison labor for four months.

However, a punishment shall be imposed for a period of one year from the date this judgment becomes final.

2. The circumstances favorable to the defendant are that the defendant recognized an offense and misunderstanding is divided, and that he/she endeavored not to repeat a crime by receiving hospitalized treatment for alcohol addiction, etc.

However, the defendant has a number of records of punishment for the same crime, and the defendant was sentenced to one year of suspended sentence on December 24, 2015, and again committed the crime of this case during the grace period, without any reason, while assaulting the victim and the injured person wanting to punish the defendant is disadvantageous to the defendant. In full view of all the sentencing conditions stated in the argument of this case, such as the defendant's age, sex, environment, circumstances and result of the crime of this case, and circumstances after the crime, the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor'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 it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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 Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);