The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The fact that the nature of the instant crime was poor, and that the Defendant did not agree with the victim is disadvantageous to the Defendant.

However, in light of the fact that the defendant reflects and repents his mistake, the degree of damage is not significant, the defendant deposited KRW 1.5 million in the court below in the victim's future, followed by the deposit of KRW 1.5 million in the court below, and the deposit was made more than the total amount of damage caused by the habitual assault, which is the crime of property of this case, among the crime of this case, and the defendant seems to have made many efforts to recover damage, and there is no record of punishment for the same crime, there is no record of criminal punishment, and the mother of the defendant has submitted a written application that the defendant wishes to take the preference against the defendant, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, as shown in the records and arguments of this case, the court below's punishment is too unreasonable.

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 evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 319 (2) and (1) of the Criminal Act, by comprehensively taking into account the relevant provisions of the Act on the Punishment of Violences, etc. (a point of habitual conflict), Article 350 (1) of the Criminal Act, Article 260 (1) of the Criminal

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;