The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is unreasonable that the original court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is unreasonable;

2. Determination is an element of sentencing unfavorable to the defendant, such as the fact that the defendant committed assault against the victim due to the illness without any special reason, and that there are records of punishment for multiple violent crimes.

However, in full view of the factors of sentencing favorable to the defendant and other factors of sentencing indicated in the records of this case, including the fact that the defendant recognized the crime of this case, the fact that the defendant appears to be a contingent crime, and the conciliation in civil cases between the defendant and the victim during the trial of this case, the sentencing of the court below against the defendant is unreasonable.

3. 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 facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the relevant Act concerning the facts constituting an offense and Article 257 (1) of the multiple-choice Act;

1. Article 62 (1) of the Criminal Act on probation;