All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (the first instance court: 10 months of imprisonment, 2 years of probation, 1 year of probation observation, community service, 120 hours, 40 hours of lectures to prevent violence, 2 years of probation: Imprisonment, 4 months of probation and 2 years of probation) is too unreasonable;

2. The judgment of the court below was rendered ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and the defendant filed an appeal against all of the judgment below, and this court decided to hold concurrent hearings. Since each crime of the judgment below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, the two crimes of the judgment of the court below should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38 (1) 2 of the Criminal Act, and therefore the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

【Grounds for a new judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 329 (a) of the Criminal Act, the choice of a sentence against a crime, and the choice of imprisonment, 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing of Article 62-2 of the Criminal Act is based on the observation of protection and the order to provide community service and attend lectures.