The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair punishment) recognizes the instant crime and reflects on it; and (b) the Defendant commits the instant crime.

2. Prior to the judgment on the grounds of appeal, the statutory penalty for a special assault is an imprisonment of not more than five years or a fine of not more than ten million won, and the statutory penalty for a crime of causing property damage is an imprisonment of not more than three years or a fine of not more than seven million won, and the statutory penalty for a crime of violating the Road Traffic Act is a fine of not less than one year but not more than three years or a fine of not more than five million won and not more than one million won, and thus, if a concurrent offender selects each of the above crimes and selects a concurrent offender, the minimum sentence of the applicable punishment shall be one year. The court below erred by misapprehending the minimum sentence of the applicable punishment against the defendant without legal mitigation or discretionary mitigation and affected the judgment, and in this respect, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed ex officio without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after oral argument.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, the choice of penalty, and the choice of imprisonment for a crime;

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

1. Discretionary mitigation Criminal Act;