The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault and assault, and rendered a judgment of conviction as to the remainder of the facts charged. Since only the Defendant appealed to the conviction portion among the lower judgment, the dismissal portion of the public prosecution for which the Defendant and the Prosecutor did not appeal was

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the defendant's appeal is that the punishment sentenced by the court below (one year of imprisonment) is too unfair, and therefore, the defendant agrees with the victim'sO in the case of the party, and the defendant does not commit such a crime again, against his mistake.

Considering the fact that the court below's sentence against the defendant is unfair due to the reason that the sentencing conditions as shown in this case are different, the above argument is with merit.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is as stated in the corresponding column of the judgment of the court below, except where "N" is "N" in the 3th and 7th of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the fraud of the choice of punishment against the crime: Interference with the business affairs under Article 347 (1) of the Criminal Act (Selection of Imprisonment): Article 314 (1) of the Criminal Act (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;