The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, two years of suspended execution, 120 hours of community service, and 40 hours of violent therapy) imposed by the court below on the defendant is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant had a history of criminal punishment several times for the same kind of crime; (b) the victim’s damage was not recovered; and (c) the Defendant did not agree with the victim.

On the other hand, however, considering the fact that the defendant recognized the crime of this case, the defendant appears to be a contingent crime, the damage therefrom is not significant, and the defendant seems to have started work in the recent conference. If the defendant executes social service order for a long time imposed by the court below, it may result in restricting the defendant's opportunity to live as a normal social member, the defendant must maintain balance with criminal punishment for the same kind of crime in the similar scale of damage, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, the background of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate. Thus, 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 the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;