The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant had the record of having been punished more than ten times for violent crimes, and in particular, the Defendant constitutes a repeated crime, and did not receive a letter from the injured party.

However, the defendant's crime was committed only once, which does not cause any additional damage, and the defendant's mistake is divided at present.

In addition, the sentence imposed by the court below is unreasonable in light of the following: the defendant's age, sex, relationship with the victim, motive and background of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the previous theory.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for the reversal of sentencing under Article 48(1)1 of the Criminal Act, including the orders, shall be determined by taking into account the circumstances in light of the reasons for the reversal of the sentence.