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 (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The following determination is an unfavorable circumstance to the Defendant.

It is not good that the crime of this case is committed.

The defendant committed the crime of this case again even though he had had the same criminal record in several times.

On the other hand, the following conditions are favorable.

The defendant shows a position to reflect his fault.

The degree of injury suffered by the victim is not severe, and the written agreement with the victim was submitted in the court below.

The last criminal record of the defendant was about five years from the crime of this case.

There are family members to support the defendant, and family members and branch members of the defendant want to support the defendant's wife.

In addition, in full view of the sentencing balance with the same crime, the background of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and the environment, the court below's punishment is too unreasonable, and 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 facts and evidence recognized 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. Relevant Article 257(2) and (1) of the Criminal Act, Article 319(1) of the Criminal Act and Article 257(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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