The judgment of the court below is reversed.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In full view of the fact that the Defendant was punished several times as a crime of violence, and in particular, on November 23, 2016, the Seoul Western District Court sentenced the Defendant to two years of imprisonment with prison labor for the same victim as the instant case on May 8, 2018 and completed the enforcement of the sentence on May 8, 2018, the Defendant committed the instant crime again during the repeated crime period, and did not agree with the victim, etc., the sentence should be imposed on the Defendant.

However, in light of the fact that the defendant's crime of this case is recognized and against all of the crime of this case and the degree of assault that can be confirmed through the field CCTV image of this case, it is judged that the punishment of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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. The sentence is determined as per the order, taking into account the various circumstances examined in the determination of the reason for sentencing prior to the reason for sentencing Article 35 of the Criminal Act among repeated offenders.