The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the final date of this judgment.

1. The judgment of the court below on the scope of the trial of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that the victim indicated that he/she was able to be punished for assault among the facts charged of this case, and sentenced him/her to the remaining charges.

Since only the defendant filed an appeal on the ground of unfair sentencing only for the guilty portion, the dismissal of the above dismissal part has been separated and decided as it is, and the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).

3. The fact that the defendant, including the criminal records of the same kind, committed a crime against the same victim even though he/she was indicted for a crime No. 1 of the judgment below, is disadvantageous to the defendant.

On the other hand, all of the crimes of this case are recognized by the defendant, and against his mistake, damage caused by damage is relatively minor, and the victim does not want punishment by mutual consent with the victim, etc. are favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.