The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. In light of the overall sentencing conditions of the grounds for appeal, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The crime of this case is likely to cause damage to property, such as phrases, glass, and tin, which is a dangerous thing, by unloading a golf loan for practice, which is a dangerous thing by the defendant, and the method of crime is very dangerous. The defendant has the past record of punishment for violent crimes, and it is necessary to punish the defendant with strict punishment.

However, in full view of the fact that the Defendant appears to have committed the instant crime under the influence of alcohol, the Defendant was able to have committed the instant crime in depth through confinement life, and that the Defendant was imprisoned in depth, and the victim did not want to be punished by mutual consent with the victim after the judgment of the court below, and all the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., and circumstances after the crime, are somewhat unreasonable.

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. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances favorable to the reasons for reversal in the front);