The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The lower court found the Defendant guilty of the injury and intrusion upon residence among the facts charged against the Defendant, and sentenced the Defendant to ten months of imprisonment, and dismissed the prosecution against the assault.

As to the judgment of the court below, the defendant appealed against the conviction portion on the ground of unfair sentencing, and the prosecutor did not appeal.

Therefore, the dismissal part of the judgment of the court below in this case is separated from the prosecutor's appeal, and thus, it is limited to the conviction part of the judgment below.

2. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

3. As the court below properly explained, as well as the same force in the case of the defendant, the defendant committed the crime of this case at the same time during the suspension of the execution of imprisonment for the same kind of crime, and the defendant seems to have serious social damage, the residents of this case are uneasy, and the defendant's violent crime is repeatedly committed against the victim such as the nature of retaliation crime, so serious punishment for the defendant is needed due to the lack of the nature of the crime.

However, in this case where the defendant is aged, the degree of injury of the victim is not heavy, and the victim's punishment is not strong by mutual agreement with the victim or the victim is not punishable, as long as the defendant committed the crime of this case during the period of suspension of execution, and it is obvious that the sentence of suspension of execution can be invalidated when the sentence of this case becomes final and conclusive, considering the above favorable circumstances of the defendant, the sentence of the court below is somewhat unreasonable.

3. Conclusion, the defendant.