The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal: The lower court’s sentence of an unreasonable sentencing (three million won of a fine) is too unhued and unreasonable.

2. The degree of damage suffered by the victim is relatively small due to the instant crime.

In addition, the mental state of the defendant seems to be somewhat unstable, and such mental state seems to have influenced the conclusion of the crime in this case and multiple crimes committed by the defendant in the past.

However, on January 24, 2019, the Defendant committed the instant crime during the suspended execution period, which has not yet been sentenced to suspended sentence due to the crime such as property damage, etc. by this court, since the judgment became final and conclusive.

Moreover, on January 7, 2019, the Defendant was subject to a large number of criminal punishment including the criminal records subject to a fine of KRW 1.5 million due to the crime such as obstruction of business, etc. by this court, such as receiving a summary order of KRW 1.5 million due to the crime of obstruction of business.

In light of the criminal history of the defendant's recidivism and the criminal records of the past, the criminal liability of the defendant is heavy, and the risk of recidivism is very high.

In addition, the defendant was unable to receive a letter from the victim.

In full view of the above circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., even if considering the circumstances favorable to the Defendant as seen earlier and the fact that where this judgment becomes final and conclusive, the sentence of the lower court is too uneasible and unreasonable.

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

[Discied Reasons for the Judgment] Criminal facts and the summary of the evidence, which are recognized by the trial, and the summary of the evidence.