The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the victim expressed his/her intent not to be punished against the Defendant; (b) the Defendant’s health condition is not good; (c) the Defendant recognized and reflected all of the instant crimes; and (d) the Defendant has been punished several times of violent crimes during the last ten years, but there was no record of being punished for violent crimes during the last ten years; and (c) the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime; and (d) the circumstances before and after the instant crime were committed, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions of the Criminal Act; Articles 284, 283(1) (a) of the Criminal Act; Article 283(1) (a) of the Criminal Act; Article 283(1) (a) of the Criminal Act; and the choice of imprisonment with labor, respectively;

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 of the Criminal Act on the observation of protection;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation.