The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal (no. 10 months of imprisonment) is unfair because it is too unreasonable.

2. The crime of this case is not deemed to be a case where the defendant assaultss a person and inflicts an injury.

The Defendant had been sentenced to punishment one time and six times of fine for violent crimes, and even during the period of repeated crime for the same kind of crime, the Defendant committed the instant crime, not much, and again committed the instant crime.

However, in full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the appearance of violence and the degree of injury, etc. that the defendant does not relatively heavy, and other circumstances revealed in the arguments of this case, including the defendant's age, sex, environment, family relation, motive and circumstance of the crime, means and consequence, etc., the sentence of the court below is somewhat heavy.

I would like to say.

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 with merit, and the judgment below is ruled again after pleading as follows.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is added up to the maximum period of concurrent crimes with severe injury as provided for in the heavier injury crime) of the Criminal Act;

1. One month to eighteen years in prison labor within the applicable range;

2. Two to one year and four months of imprisonment with prison labor for the scope of the recommended punishment according to the sentencing guidelines (the crime of assault is a repeated crime of each kind, but the degree of assault is minor, and the crime of assault is a minor injury, so the sentencing person is a minor injury.