The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

2. Although the contents of the instant crime are poor, the Defendant has been treated for a long period of time due to stimulative disorder, and it seems that the Defendant was unable to properly receive care from his family at the time of committing the instant crime, the Defendant’s criminal proceeds in the case of a violation of the Punishment of Violences, etc. Act (Habitual conflict) are not so high, and the Defendant did not have any record of punishment prior to the instant crime, and the Defendant did not have any other criminal records except for the suspended sentence of punishment for a violation of the Military Service Act in the year 1987, the Defendant was sentenced to a fine of KRW 70,000 as an injury in the year 200, and there was no other criminal record except for a suspended sentence of punishment for a violation of the Military Service Act in the year 1987, the Defendant’s wife was promising the Defendant to treat and care for the Defendant, and other various circumstances such as the motive and circumstance of the instant crime, the Defendant’s age, character and behavior, etc. after the instant crime, and the sentencing conditions indicated in the records and arguments are inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court 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. Article 2(1)3 of the relevant Act on the Punishment of Violences, etc. of Criminal Crimes, Article 350 of the Criminal Act, Article 6 of the Punishment of Violences, etc. Act (generally, the point of habitual threat), Articles 314(1) and 313 of the Criminal Act, Article 136(1) of the Criminal Act (the choice of imprisonment), and Article 136(1) of the Criminal Act.