The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of this case was committed in such a way that the defendant threatened the victim with a knife, which is a dangerous thing, and the method of committing the crime was considerably dangerous, and the defendant was punished for violent crimes, and the liability for committing the crime of this case is also not easy during the suspended execution period.

However, in full view of the following: (a) the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol; (b) the degree of damage to the victim is relatively minor; (c) the Defendant does not want the punishment of the Defendant by mutual consent with the victim at the investigation stage; (d) the Defendant was aware of all the facts of the instant crime when the Defendant was in the trial; and (e) other factors of sentencing, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence imposed by the lower

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

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

1. We examine discretionary mitigation in the grounds for reversal prior to Article 53 and Article 55(1)3 of the Criminal Act.