The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment of the defendant has the record of being sentenced to a fine twice for the same crime, and it is necessary to be aware of it during the period of probation due to the crime of this case, but there are circumstances unfavorable to the defendant, such as the crime of this case, such as inducing the victim not to harm, inducing the preparation of a written application for non-compliance with punishment, and issuing a provisional protective order, etc. However, if the injured party does not want the punishment against the defendant, the above suspended sentence (six months of imprisonment and one year of suspended sentence) is expected to be invalidated if the judgment becomes final and conclusive, and the above suspended sentence (two years of suspended sentence for six months and one year of imprisonment) is expected to be invalidated. In light of the circumstances favorable to the defendant, such as the fact that there was no significant result due to each of the crimes of this case, the defendant's age, sex, environment, motive and circumstance, means and result of the crime, and the circumstances after the crime, it is recognized that the sentence of the court below is unfair by little means.

The defendant's argument of sentencing is justified.

3. As 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 by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Punishment Thereof: Articles 63(1)2 and 55-4 (a) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence; Article 324(1) of the Criminal Act; Article 324(1) of the Criminal Act; and each choice of imprisonment;

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;