A defendant shall be punished by imprisonment for four months.

2. In light of the fact that the Defendant committed the instant crime repeatedly during the grace period despite having already received a heavier disposition of suspended execution due to the same crime, the need for strict punishment for the Defendant is recognized and the sentence of imprisonment is inevitable.

However, in full view of the fact that the defendant was committed in this case and the mistake was divided, the suspended sentence that was previously sentenced in this case has to be revoked and the sentence for eight months has to be additionally sentenced to imprisonment, and other various sentencing conditions as shown in the records and arguments, such as the age and happiness environment of the defendant and the circumstances before and after the crime, it is determined that the sentence imposed by the court below is somewhat unreasonable.

3. If so, 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 following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts;