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 on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant had been punished several times as a same crime, and that he/she once again spawns the other person during the period of repeated crime and committed an offense, such as drinking, drinking, business obstruction, assault, etc., and considering the Defendant’s power, violent inclination, etc., it is necessary to select the Defendant’s prior punishment as to the risk of repeating a crime.

However, in full view of the following factors: (a) the Defendant’s Matrimonial female N made active efforts to recover damage by having agreed with the victim R and repaying the alcohol level to the victim G; and (b) the Defendant’s wife was sought by having the Defendant take care of the Defendant, such as alcohol treatment, etc., in the court of first instance; (c) the Defendant’s punishment and the Defendant’s wife are also appealed; and (d) the Defendant’s wrong drinking habits during the detention period; and (c) accordingly, the Defendant also resisted the Defendant’s wrong drinking habits during the detention period; and (d) other conditions of sentencing indicated in the records, such as the Defendant’s age, character, conduct, and environment, the sentence of the lower court 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 the facts charged and the evidence admitted 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 relevant to the facts constituting an offense and the selection of punishment;

(a) Fraud: Article 347 (1) of each Criminal Act (Selection of Imprisonment with prison labor);

(b) point of interference with business: Article 314 (1) of the Criminal Act.

(c) A point of assault: Article 260 (1) of the Criminal Act.

(d) The point of injury: Article 257 (1) of the Criminal Act.

E. The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act (the choice of imprisonment).