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

2. In light of the circumstances, methods, and results of the instant crime, the fact that the nature of the instant crime was extremely poor, the victim appears to have received great fear and mental impulses due to the instant crime, the Defendant’s commission of strict punishment against the Defendant, the Defendant again committed the instant crime under the influence of alcohol during the period of repeated crime resulting from the crime of interference with business, and the Defendant was punished three times as imprisonment with prison labor and eight times as fines for violent crimes only after 2010.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against the Defendant; (b) the Defendant’s appearance to support the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other circumstances constituting the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Determination of the sentence as per the Disposition, taking into account the circumstances seen earlier than the reasons for sentencing Article 35 of the Criminal Act.