A defendant shall be punished by imprisonment for not less than eight months.

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

2. Although the defendant has been punished several times, including suspended sentence, for the same criminal acts, all of the past records have long been punished, and there has been no past history of punishment for the same crime during the last ten years, the defendant's living under detention for more than two months in this case, and recognized his mistake and reflects his behavior, and the defendant seems to have committed the crime of this case in a state of drinking, and all of the other matters concerning the sentencing specified in the records and arguments of this case are considered to be unfair, and therefore the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the reasons for reversal);