The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and his defense counsel (unfair form of punishment) led to confession of the facts charged in the instant case and reflects his depth on his mistake, and that the Defendant committed the instant crime by contingency under the influence of alcohol, etc., the sentence of the lower court sentenced to one year of imprisonment is too unreasonable.

B. In light of the fact that the Defendant committed the instant crime during the period of repeated crime even though the Defendant had a majority of criminal records of the same kind, and that the Defendant was extremely poor to commit the instant crime, such as the Defendant’s accusation against the victim, etc., the above sentence of the lower court is too unreasonable.

2. Prior to the judgment on the argument in the grounds of appeal above, Articles 157 and 153 of the Criminal Act provide that "where a person who committed a crime without a complaint makes a confession or acceptance of a person before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted." According to the records, H appears not to have been prosecuted, and the defendant led to the confession of the crime without a complaint in this case at the first trial date of the court below. This constitutes a confession made before the judgment on the reported case becomes final and conclusive, and thus, the punishment should be mitigated or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts of the crime and the summary of the evidence are as follows: "Violation of the Punishment of Violences, etc. Act (Habitual Violence) and Violation of the Punishment of Violences, etc. Act (Habitual Destruction and Damage, etc.)" among the facts of the crime, except for the violation of the Punishment of Violences, etc. Act (Habitual Destruction and Damage, etc.)" and 1. "A defendant's oral statement at the trial" is added to the summary of the evidence.