The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The case is subject to a suspended sentence of one year, sentenced by the Seoul Central District Court on June 29, 2018 to two years from a suspended sentence of one-year imprisonment for a violation of the Road Traffic Act, etc.

7.7. Finality was established.

Currently, the probation period has been too limited.

In light of the contents of the crime and the method of the crime, the fact that the nature of the crime is not good is disadvantageous to the defendant.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that the victims are not punished by the defendant by mutual agreement with the victims in the case of the party, etc. is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Of concurrent crimes, the following circumstances were considered in light of the reasoning for reversal prior to the sentencing of Article 62(1) of the Criminal Act, prior to the suspended sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.