The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.

2. The judgment of the court below is somewhat heavy in full view of the following factors: (a) the defendant had a history of 18 times or more which the defendant had been sentenced to punishment for the same kind of crime (the five times of imprisonment), (b) the defendant committed the crime of this case since he was sentenced to imprisonment for the same kind of crime and was released therefrom, and (c) the defendant's drinking habits is highly likely to repeat the crime of this case; and (d) the defendant's mistake when committing the crime of this case; (b) it is difficult to see that the defendant committed the crime of this case; and (c) the defendant's appeal against the defendant by mutual consent between the victims of this case and the victims of this case; and (d) other factors of sentencing indicated in this case such as the defendant's age, character and behavior, occupation and environment, the process and consequence of the crime, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;