The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The punishment of the court below (six months of imprisonment) shall be too unreasonable.

2. While the Defendant was sentenced three times of suspended sentence due to the same crime, it is recognized that the Defendant committed the instant crime again during the period of suspended sentence of the same kind of crime (the probation period is the same as the probation period), and that the sentence is inevitable because it is difficult to prevent recidivism only with the suspended sentence and the incidental disposition.

However, the defendant recognized the crime of this case and notified the probation agency immediately after the case occurred.

(88 pages of the trial record). The degree of injury of the victim is relatively heavy, and the defendant agreed with the victim in the investigation stage, and it is relatively clear that the relation is relatively clear, such as the victim's contribution to M in the process.

In addition, the court below's punishment seems to be somewhat inappropriate if it examines all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;