The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (four months of imprisonment) by the court below is too unhued and unreasonable.

2. The instant crime was committed by the Defendant with a view to obstructing business by causing disturbance from the new wall time so that it is not good to the nature of the crime, and the fact that there are many criminal records of punishment of violence is disadvantageous to the Defendant.

However, considering the fact that the defendant recognized the crime of this case, when it comes to the trial, that the defendant agreed with the victim, and that the defendant's punishment is the guidance of the defendant, and other various circumstances, such as the defendant's age, character and conduct, environment, present occupation, motive, means and result of the crime, etc., which are conditions for sentencing as shown in the records and arguments of this case, are somewhat 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 justified.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the disposition of the court below).”

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Probation under Article 62-2 of the Criminal Act;