The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The decision of the court below on the gist of the grounds for appeal (the maximum of 10 months imprisonment and the short of 6 months) is too unreasonable.

2. The judgment has a record of having received juvenile protective disposition several times due to the same violent crime committed against the defendant. In particular, this case is a case where the defendant assaulted a juvenile reformatory under Article 32 (1) 10 of the Juvenile Act due to the protective disposition of the juvenile, and inflicted an injury on the juvenile reformatory that prevented him/her from living in the juvenile reformatory, and it is not good to commit the crime. However, the defendant has no criminal record sentenced to the defendant, the defendant recognizes all of the crimes in this case, and is against depth, the defendant still has a possibility of rehabilitation as a juvenile, and all other circumstances, such as the defendant's age, character, personality, family relation, environment, occupation, circumstance and contents leading to the crime in this case, and circumstances after the crime, etc. are considered to be unfair since the sentence imposed by the court below against the defendant is too excessive. Thus, the above argument of the defendant is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are 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 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 141 (1) and 30 of the Criminal Act; Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act concerning the punishment of crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades between the crimes of obstruction of performance of official duties and the crimes of injury on the market);

1. Selection of each sentence of imprisonment;