The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below on the summary of the grounds for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is too uneased and unfair.

2. The instant crime was committed by the Defendant, who driven Oralba, committed several assaults on the victim’s face and back head on the ground that the Defendant did not walk the victim, and the victim, who was accompanied by the young children at the time, seems to have caused considerable sense of shame by the assault as seen earlier.

Nevertheless, the defendant asserts that he was not only when he was sealed of the victim's face, but rather criticizes the victim who was blocking the way (in the opinion submitted by the defendant, "not fing the way" has no laws of Korea.

He is under stress.

“) There is no appearance against the truth, and there was no agreement with the victim.

In addition, from around 1995, the defendant has been punished for violent crime 21 times (three times of imprisonment with prison labor among them), and it is inevitable for the defendant to severely punish him.

In addition, when comprehensively considering the various conditions of sentencing as shown in the records and the theory of changes, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below is too uneasible and unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 of the Criminal Act concerning the selection of punishment, and reasons for sentencing of punishment of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of assault (general assault)] is nonexistent in Category 1 (Special Sentencing).