The judgment of the court below is reversed.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In full view of the fact that the Defendant was punished as a violent offender, the instant case is also a crime committed during the same repeated crime period, the Defendant did not receive a letter from the damaged business owner, and the Defendant’s character, conduct and environment, etc., the risk of recidivism is very very rough and is likely to be committed, a sentence of sentence on the Defendant is inevitable.

However, in full view of the following circumstances, i.e., the defendant is against himself/herself, the health of him/her is not good, and the suspended sentence is revoked due to this case, and the case is not much serious, and the defendant is an contingent crime by taking full advantage of the motive and circumstance of the crime in this case, the age and character and conduct of the defendant, and the circumstances that are conditions for the sentencing in this case, such as the character and conduct of the sentencing investigation in the trial court, etc., the sentencing of the court below seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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