The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unhued and unreasonable.

2. We can take into account the following circumstances: (a) the Defendant led to the confession of the instant crime and recognized his mistake; and (b) the Defendant agreed with the victim only; and (c) the Defendant appears to have committed contingent acts in a somewhat drunken state.

However, even though the Defendant had been already punished more than 20 times prior to the instant crime, the Defendant committed the instant crime, even though he had been already punished due to such violent crimes as murder, attempted murder, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Violence), violation of the Punishment of Violences Act, bodily injury, assault, obstruction of performance of official business, etc. In particular, the Defendant was sentenced to imprisonment for 4 months as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) on November 20, 2013 and the judgment became final and conclusive on November 20, 2013, and committed the instant crime during the suspension period without being aware of it, and thus, it is necessary to punish the Defendant more strictly, and taking into account the various circumstances, such as the form of force exercised by the Defendant, degree of damage, Defendant’s age, personality and behavior, and family environment, the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;