A defendant shall be punished by imprisonment for one year.

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the defendant shows the attitude of his mistake and reflects against himself, and that the amount of damage is relatively small, is favorable to the defendant.

However, the defendant, including five times of punishment, has reached 40 times of punishment for the same crime, and there is a high possibility of criticism that the defendant was punished for the same crime, and that the crime of this case was committed eight days after the defendant was sentenced to a punishment for the same crime and was released from prison. And if the defendant's previous convictions are different from the above, even if the defendant's excessive contact with his family members is cut off, it seems that the defendant is highly likely to repeat the crime in the future.

Until now there was no agreement with the victims.

Considering the above conditions favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is too uneasible.

Therefore, the prosecutor's above assertion is justified.

3. As such, 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 as follows (as long as the judgment of the court below is reversed by accepting the prosecutor’s appeal after accepting the prosecutor’s appeal, the defendant’s appeal shall not be dismissed separately from the order of the court). 【The summary of facts constituting an offense and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is quoted as it is

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes.