The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case has a large number of criminal records against the defendant, and the risk of the crime of this case is very high because the defendant committed violence against the victim. However, in full view of all the circumstances such as the defendant's age, character and behavior, environment, circumstance and contents leading to the crime of this case, circumstances after the crime, etc., the punishment imposed by the court below is too excessive and unfair.

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 facts charged and the summary of the evidence recognized by the court are all 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. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria [Determination of type] Violence Crimes of Type 6 (Habitual, Cumulative, Special Violence): Reduction element: [Determination of the recommended area] Reduction element of Punishment [Determination of the Recommendation Area] Reduction element] [The main reasons for suspended execution of sentence] from April to December 12 [the scope of Recommendation] Major reasons for suspended execution] - If a person commits a crime by carrying a deadly weapon or other dangerous articles, it shall be positive: