The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to four months) of the lower court’s sentencing is too unreasonable.

2. However, there is an unfavorable circumstance to the Defendant, such as the Defendant’s failure to appear in the court of the lower court to take a long period of time, followed by service by public notice, and the Defendant continuously committed a crime of the same kind and similar type.

However, in light of the following circumstances: (a) the degree of assault that appeared in the crime of this case is relatively minor; (b) the Defendant has the time of self-esteem while living in prison for three months in this case; (c) the Defendant recognized his mistake and reflects his depth; and (d) there is no record of crime exceeding the fine; and (c) other circumstances that are conditions for sentencing specified in this case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (d) the circumstances after the crime, the sentencing of the lower court is deemed to be too

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

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

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Probation under Article 62-2 of the Criminal Act;