The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant had a record of serving several times of punishment including punishment for violent crime, and the crime of this case was committed with the record of the above punishment, and was committed with repeated crime period due to the crime of this case, and committed the crime of this case again within two months since the date of release, and according to these circumstances, it is reasonable to punish the Defendant with severe punishment.

However, it is also recognized that the circumstances such as the fact that the defendant seems to have reached the instant crime by contingency, the degree of damage is not heavy, the whole crime of this case is committed, and the partial amount of damage is deposited in the process of the original trial, etc. In particular, the defendant did not want the punishment of the defendant by agreement with the victim in the appellate trial.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;