The judgment of the court below is reversed.

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

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The defendant committed the instant crime within the period of repeated crime due to the same crime is disadvantageous.

However, in full view of various sentencing conditions shown in the records and arguments, including the fact that the Defendant recognized and reflected the instant crime, most victims do not want punishment against the Defendant, and there are family members to support the Defendant, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

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

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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