The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The punishment of the first instance (one year of imprisonment) of the gist of the grounds for appeal is too large and unreasonable;

2. In the case of this case, it is recognized that the crime of this case was committed by the beer and coffee with the beer, which is a dangerous object at the beer, and the victim G and H, and the danger is very high, and the defendant has been punished several times for the same kind of crime. In particular, it is recognized that the defendant had committed the crime of this case during the period of suspension of execution due to obstruction of performance of official duties.

However, considering the following factors: (a) the Defendant voluntarily surrenders to the investigative agency; (b) the Defendant was led to the confession of the instant crime; (c) the victims did not want to be punished; and (d) the victims did not want to have been punished by the Defendant’s assault compared to other accomplices; and (c) the Defendant’s age, character and conduct, environment, motive and consequence of the instant crime; (d) the circumstances after the commission of the crime; and (e) the degree and consequence of the instant sentencing conditions indicated in the instant records and arguments, such as punishment of accomplices, are too unreasonable.

I would like to say.

Therefore, the defendant's above assertion is justified.

3. If so, the defendant's appeal is reasonable, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the statements in the corresponding column of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 30 of the Criminal Act concerning criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances of the grounds for reversal);

1. Probation and community service order;