The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. In light of the overall sentencing conditions of the grounds for appeal, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The determination of the crime of this case is a factor that is disadvantageous to the defendant that the method of crime is considerably dangerous with dangerous things, and that the defendant's previous record of punishment for violent crimes is not less complicated than that of punishment.

However, in light of the fact that the defendant was living in custody in depth and reflects the defendant's mistake, the victim's punishment was not applied by mutual consent with the victims during the period of the trial, and the defendant's suffering from mental illness appears to have been caused to the crime of this case. The social relation of the defendant is clear, such as the defendant's treatment and protection of the defendant's family members, etc., and other various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., the punishment imposed by the court below is somewhat inappropriate.

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.

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. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act for the crime;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;