The judgment of the court below is reversed.

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

However, for one year from the date this judgment becomes final and conclusive.

1. The fact that the defendant's decision on the grounds for appeal reflects his mistake, and that the defendant's health is not good for the elderly is favorable or reasonable for the defendant.

However, it is an unfavorable circumstance to the defendant that the defendant interferes with the victim's female business through several times and uses violence against the victim, the victim wants to punish the defendant, and the defendant has been sentenced to suspension of indictment due to violence.

Therefore, in light of the aforementioned various sentencing conditions indicated in the records, such as the Defendant’s age, gender, environment, the background and motive of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is deemed to be too unreasonable.

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 15 (1) and 9 subparagraph 1 (a) of the Act on the Fair Debt Collection Practices (a point where each debtor commits an act of collecting claims by means of violence or threat of force) of the relevant Act on criminal facts, Article 15 (2) 1 and subparagraph 2 of Article 9 of the Fair Debt Collection Practices Act (a point of disturbing peace in business by visiting the debtor at night) and selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);