The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In light of the method or content of the instant crime and the degree of damage inflicted upon the victim, etc., the nature of the relevant crime is not weak; on the other hand, there are some circumstances to take into account the background of the instant crime; the Defendant committed the instant crime by drinking alcohol and contingently; the Defendant paid an amount corresponding to the first instance judgment; the victim did not want the punishment of the Defendant by solely mutual agreement with the victim; the Defendant was given an opportunity to reflect by living in custody for a certain period; there was no history of punishment other than the instant fine; the Defendant was supported by his family members, and his family members and other people want to support the Defendant; the Defendant’s age, sex and environment; the motive, means and consequence of the instant crime; and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable; thus, the above assertion by the Defendant 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 324(1) of the Criminal Act, Article 324(1) of the Criminal Act (the point of coercion), Article 257(1) of the Criminal Act (the point of injury) and the choice of imprisonment with labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;