The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant, while drinking alcohol together with the victim C, attempted to inflict bodily injury on the victim or the victim and talk about the instant assault case on the part of the victim, on the ground that the victim respondeded to the horse that the Defendant asked, and that the victim would not open the door, thereby damaging the glass of the living room of the victim, and that the case is not less easily, and that the Defendant had the records of punishment for the same kind of crime, etc., are disadvantageous to the Defendant.

However, in full view of the fact that the Defendant recognized the instant crime and commits the mistake, the fact that the investigative agency agreed with the victim (Evidence Records 29 pages) and other circumstances, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of 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 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for the crimes of serious injury which is prescribed by heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;