The judgment of the court below is reversed.

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

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. We examine the judgment. Each of the crimes of this case was committed against the victims, who are elderly women, without any reason, with the intention of drinking alcohol, and committed violence, bodily injury, and damage to the property by scaming scam, scam, etc., and the nature of the crime was very poor in light of the circumstances of the crime. In addition, the defendant was already convicted of the same kind of crime including 14 times imprisonment, and recidivism during the period of repeated crime of the same crime. In particular, even before the instant case, each of the crimes was sentenced to a punishment for assault during the period of repeated crime, which was committed by the appellate court as a fine, and the recidivism was committed by 8 days after being discharged from the prison.

However, in light of the circumstances that are favorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too unfair because it is too unreasonable in light of the following: (a) the degree of damage was not relatively heavy; (b) the victims do not want the punishment of the defendant by mutual consent with the defendant; and (c) the defendant shows the attitude of recognizing and opposing all the defendant's mistake; and (d) the defendant's age, sex, environment, motive, means and consequence of the crime.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of the evidence, and thus, the summary of the evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1..