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

2. In light of the various circumstances unfavorable to the defendant, such as the fact that the defendant committed a crime during the period of probation, another crime committed on the day when the judgment of probation becomes final and conclusive, and a number of criminal records including punishment have been committed, it is inevitable to punish the defendant with severe punishment through punishment.

However, given the fact that damage is relatively minor, that the defendant did not exercise physical violence at the time of the crime, that the defendant did not commit any contingent crime under the influence of alcohol, that the defendant recognized the error and reflects the depth of the crime, and that the defendant lives less than three months in this case, etc., the punishment imposed by the court below in full view of all the sentencing conditions in the instant case, including the defendant’s age, character and behavior, motive means of the crime, and circumstances after the crime, is too unreasonable, the defendant’s assertion is with merit.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;