The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. The accused is aware of the crime, reflects on his character and conduct, and improves his character and conduct through counseling treatment.

According to the agreement with the victim, the victim tried to take the action against the defendant in the court below.

This is the circumstances favorable to the defendant.

However, the defendant had been punished several times due to the same crime, and re-offendered.

In particular, on November 29, 2016, the Defendant was sentenced to the punishment of two years of suspended sentence to six months by imprisonment with labor for the crime of interference with business, and the punishment of two years of suspended sentence to six months by the court, and the order to attend a alcohol treatment lecture for 40 hours, which became final and conclusive on December 7, 2016 and conclusive on December 7, 2016, and was subject to suspended sentence until December 6, 2018, and was subject to the alcohol treatment lectures and probation, but the Defendant re-offending only in the same way as the period of suspended sentence.

In light of the circumstances leading up to the recidivism, the risk and possibility of criticism of recidivism is not small in the way that the defendant voluntarily entrusts the improvement of character and behavior with trust of the defendant's identity.

This is disadvantageous to the defendant.

In light of the above circumstances comprehensively taking into account various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court is deemed to be too uneasible and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the reasoning of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.