The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Summary of Grounds for Appeal

The sentencing of the lower court (one month of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

Judgment

In light of the circumstances unfavorable to the Defendant, including the Defendant who was punished once more than once for the same crime, and the Defendant committed the instant crime, and the Defendant did not reach an agreement with the victim up to the trial, etc., which are unfavorable to the Defendant, or the Defendant’s entire confession of the instant crime, and the degree of injury to the victim is relatively heavy, and the Defendant’s health conditions are not good, making it difficult to implement the community service order difficult. In addition, taking into account the motive and circumstance of the instant crime, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, and other various circumstances, which are the conditions of sentencing specified in the instant records and arguments, such as the instant case’s records and arguments, the lower court’s sentencing is somewhat inappropriate.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the choice of imprisonment for each sentence;

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 suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);