The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case intrudes upon the residence of the victim on the grounds that the victim, who had been in an internal relation, did not take the part of himself/herself, and commits the crime of this case, which caused the injury to the victim by damaging the property of the victim before and after the crime.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The degree of damage to property and damage is not hot.

In the court below, the defendant paid five million won to the victim and the victim did not want the punishment against the defendant by agreement with the victim.

The defendant has been sentenced to a fine before 2005, and all of them have been sentenced to a fine.

The defendant's age and character environment, including the above unfavorable circumstances, favorable circumstances, relationship with the victim, motive means of crime, circumstances after crime, etc., various conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines as shown in the arguments and records of this case, including the defendant's age and character environment, the victim

(a) Basic crimes (the type of injury) [Determination] No. 1 (General Bodily mitigated Persons) (the scope of recommended punishment] and the mitigated area (two months to one year) of imprisonment; and

(b) Type 1 (Specially mitigated persons) [the scope of recommending punishment] mitigated area (the scope of punishment between January and June) of the first and second concurrent crimes (each crime of destroying property) [the determination of types] mitigated areas of punishment (the scope of punishment by imprisonment with prison labor for one month).

B. In light of the following: (a) imprisonment with prison labor for not less than two months in the final sentence scope according to the standards for handling multiple crimes (at least the lowest limit of the recommended sentence scope is set for both basic crimes and concurrent crimes; (b) imprisonment with prison labor for not less than two months (at least the sentencing criteria are not set for both concurrent crimes and intrusion crimes under the former part of Article 37 of the Criminal Act; and (c) imprisonment with prison labor for not less than two concurrent crimes

3. The appeal by the defendant is in conclusion.