The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the sentencing of the lower court (two million won of a fine) is too unhued and unreasonable.

2. The judgment that the Defendant recognized the instant crime, and that the Defendant has no record of punishment, etc. are favorable to the Defendant.

However, in the park used by the majority of the general public, the excessive restriction, which is a dangerous object to the victim, was made in the item of the victim, and the crime is not good in light of the risk of committing the crime.

The victim is also punished by the defendant.

In full view of the various circumstances favorable or unfavorable to such defendant and all other sentencing conditions as the records and arguments of this case, including the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's sentence against the defendant is deemed to be too uneasible and unfair. Thus, the prosecutor's allegation of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of favorable circumstances in the front);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;