The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of probation for six months of imprisonment, one hundred and sixty hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The Defendant is 70 years old.

The land was fully restored to the name of the clan.

The recommended sentencing guidelines are four months to one year and four months.

In addition, considering the fact that the court below agreed with the victim's clan in the past time of the trial, the circumstances of the latter concurrent crimes of Article 37 of the Criminal Act, and the motive and background leading up to the defendant's crime of this case, the circumstances before and after the crime of this case, and various circumstances that form the conditions for sentencing as shown in the records, such as character, conduct, environment, occupation, family relation, etc., the prosecutor's assertion is not reasonable and reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal of a sentence);