The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence sentenced by the first instance court (or 10 months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Taking into account the circumstances described in the column of the reasons for sentencing in the first instance judgment, the victim’s injury is not more severe than the victim, and the victim submitted a written application that wants the Defendant’s prior wife, and the various sentencing conditions indicated in the records and arguments, including the submission of the written application that the Defendant’s prior wife, are considered, the above sentence sentenced by the first instance court is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the judgment of the first instance court, except for the deletion of the part of “criminal records” in the actual column of criminal history, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered the above circumstances);

1. Article 62-2 (1) and the main sentence of Article 62-2 of the Criminal Act to provide community service;