A defendant shall be punished by imprisonment for one year.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is very bad because the criminal defendant thought that he was subject to criminal punishment in the past due to the victim's side, continues to engage in the same speech and behavior that would inflict property damage on the victim, and proceeds from a drinking victim.

It is the amount of 140 million won which has been taken over.

On the other hand, the following conditions are favorable.

In the trial, 30 million won shall be paid to the victim in the trial, and the victim does not want to punish the defendant by agreement.

The defendant denied the crime of this case at the court below, and recognized the crime of this case at the court below.

In addition, comprehensively considering the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (one hundred months to three years of imprisonment), the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Dao-written judgment] The summary of facts constituting an offense and evidence admitted by this court is identical to each corresponding column of the judgment of the court below, except for the change of “1. The Defendant’s partial statement” to “1. The Defendant’s court statement” as “the Defendant’s court statement,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;