The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The fact that the Defendant again committed the instant crime even though he/she had the capacity to punish for the same type of crime and has committed a repeated crime due to the crime committed during the period of a repeated crime, etc. However, there are circumstances favorable to the Defendant, such as the following: (a) the Defendant’s reflects the crime; and (b) appears to have been less likely to have suffered damage; (c) the victim was not willing to be punished by the Defendant by mutual consent with the victim;

In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, family relation, age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the punishment of the lower court is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The punishment as ordered shall be determined by taking into account the various circumstances, etc. described in Article 35 (2) of the Criminal Act among repeated offenders;