The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is deemed to be of significant nature in light of the method and risk of the crime of this case, including the fact that the defendant intrudes on the residence of the victim and took a dangerous plastic box, and prices the head of the victim's plastic box. Meanwhile, the defendant confessions and reflects the crime of this case, the degree of injury suffered by the victim is relatively minor, the defendant agreed with the victim, there is no record of criminal punishment after the sentence of the judgment of the court below, and all the sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime are considered to be too unreasonable. Thus, the defendant's assertion is reasonable.

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 based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as follows, except for the revision of the "1.1. partial statement of the defendant" in the summary of the evidence of the court below to "1.1. The defendant's court statement", and therefore, it is identical to the corresponding column of the court below's judgment. Thus, it is cited

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that allows the choice of a sentence (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the points of inflicting bodily injury on carrying dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession and reflective points, and the point agreed with the victim);