The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized each of the crimes of this case, and is against the law.

There is no history of criminal defendant subject to a fine exceeding the fine.

The defendant agreed with the victim of the crime of violation of the Punishment of Violences, etc. Act (joint injury) in the trial of the party.

Circumstances unfavorable to the defendant are as follows:

The defendant has a record of being subject to juvenile protective disposition due to theft, fraud, etc.

The defendant did not agree with the victim of the crime of violation of the Punishment of Violences, etc. Act.

The defendant has committed a violation of the Punishment of Violences, etc. Act (joint injury) in the course of criminal trial due to a violation of the Punishment of Violences, etc. Act (joint residence intrusion).

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.

Defendant’s assertion is with merit.

3. If so, the defendant's appeal is reasonable, and the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Judgment used again against the defendant] The criminal facts and the summary of the evidence against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2)1 of the Punishment of Violences, etc. Act regarding the crime concerned, Article 319(1) of the Criminal Act (the point of joint residence intrusion), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint destruction) and the punishment of violence, etc.