The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The gist of the grounds for appeal is that the punishment prescribed by the court of the original instance (five months of imprisonment) is too unreasonable.

2. The defendant's liability for the crime is not against the law;

There are a large number of criminal records, and approximately 14 times of punishment (including nine times of punishment) due to violent crimes, etc.

This case is a repeated offense.

However, it seems that the defendant led to the confession and reflect of the crime, and the injured person in the trial did not want the punishment of the defendant.

Family members including the defendant's 's 's 's 's 's '' appeal

In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.

3. As such, the grounds for appeal by the defendant are reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.

【Grounds for a new 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 the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

However, “1. The Defendant’s oral statement at court” is added to the summary of the evidence.

Application of Statutes

1. Relevant Article 260 (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;

1. The proviso to Article 186 (1) of the Criminal Procedure Act;