The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the sentence of the lower court (6 million won in penalty) is too unhued and unreasonable.

2. Determination ① Recognizing the instant crime, the fact that the Defendant deposited one million won for the victim F of the offense of insult, and that the degree of assault by the instant crime is not much severe is favorable.

(2) However, the defendant has 14 times of punishment, which results from violent crimes, six times of punishment, and is sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in 2012, and has been under protection and observation during the probation period, and again commits the same kind of crime after being sentenced to a fine of 5 million won on April 22, 2015 due to interference with business affairs, and again commits another crime on December 8, 2015, and was subject to a previous summary disposition (79,80 pages of the trial record). In addition, the defendant was placed under suspicion of other assault, property damage, and was subject to previous summary disposition (79,80 pages of the trial record), but there was no strong effort to dismiss the crime even though a considerable number of the records of the same crime were under the influence of alcohol as the crime in this case, the circumstances leading up to the punishment of the victim in this case and the circumstances leading up to the crime in this case.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through a new theory of change.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 260 of the Criminal Act, the choice of punishment against the crime shall be punished by imprisonment with prison labor;