The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The reasons for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the victim does not want punishment when it comes to the trial; and (b) the criminal records regarding the Defendant’s violent crime are before 2012; and (c) the Defendant has a special habit of violent crime.

In full view of the reasons for sentencing indicated in the argument and record of the instant case, including the fact that it is difficult to see, the lower court’s punishment is unreasonable, and thus, the Defendant’s argument of sentencing is with merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court, and the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for the deletion of “thief” under the 1st page of the judgment of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is that repeated crime was committed during the period of repeated crime due to the past record of the crime. However, there were the reasons under the above paragraph 2, and the Defendant’s age, family relation relation, and attitude of statement and appearance during the trial was considered.