The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was sentenced to imprisonment for the same kind of crime more than twice on February 13, 2014 and released on February 15, 2014 on March 15, 2014, even if he was released on March 15, 2014, the Defendant’s criminal liability is not less than the Defendant’s criminal liability, but the Defendant’s confession of the instant crime and reflects his depth in prison life through confinement, etc., the Defendant agreed with the victim during the trial, the amount of damage is not significant, the amount of damage is not significant, the Defendant’s family is not good, and the Defendant’s family members endeavor to prevent recidivism by being hospitalized to the hospital for treatment of alcohol addiction, etc. immediately after the instant crime was committed, and the Defendant’s family members are promising to lead the Defendant, and all other circumstances constituting the condition of sentencing, such as the Defendant’s age, character, character, environment, family relationship, criminal circumstances, and circumstances after the crime, etc., the Defendant’s allegation of punishment is 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 facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited 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 criminal punishment, and the choice of imprisonment;

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