The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault and assault, and rendered a judgment of conviction as to the remainder of the facts charged. Since only the Defendant appealed to the conviction portion among the lower judgment, the dismissal portion of the public prosecution for which the Defendant and the Prosecutor did not appeal was

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (ten months of imprisonment) is too unfair, and thus, the defendant has no record of punishment exceeding the fine due to the same kind of crime in the past, and the court below has made an agreement with the victim G, M, P, and the victim D and S respectively, and made an additional agreement with the victim A Q, AR in the trial after making each deposit of the amount of damage to the victim D and S, and other various circumstances that form the conditions for the sentencing specified in this case, the sentence imposed by the court below against the defendant is deemed unfair, and the above argument is with merit.

Therefore, pursuant to Article 364 (6) of the Criminal Procedure Act, the guilty part of the judgment below shall be reversed, and it shall be decided again as follows after pleading.

Criminal facts

The summary of the judgment of the court below on the summary of evidence is as stated in the corresponding column of the judgment below, except that Q Q as “AS” in Article 369 of the Criminal Procedure Act, since it is the same as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions and the fraud of the choice of punishment against the crime: Article 347 (1) of the Criminal Act that interferes with the business of Article 347 (1) of the said Act (Selection of Imprisonment): Article 314 (1) of the said Act (Selection of Imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62-2 (1) of the Criminal Act on the observation of protection;