The judgment of the court below is reversed.

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

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

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, and eight hours of community service order) is too unhued and unreasonable.

2. Ex officio determination

A. On July 29, 2017, the Defendant: (a) asked the victim G (V) within the Felurine located in the Busan Young-gu, Busan, for the purchase of alcohol by telephone around July 29, 2017; (b) however, the victim refused the request on the ground that he/she was hospitalized in the hospital; (c) on the same day, the victim was hospitalized in the Busan Young-do CD hospital located in the Busan, Young-gu, Busan, on the ground that he/she was hospitalized in the hospital.

The victim who was found in the sick room No. 706 was cleeped with her hand, and the security personnel of the above hospital prevented the defendant, and show it out of the hospital. However, on the same day, at around 09:15 on the same day, assaulted the victim's left side with her hand floor, such as finding the above sick room again, and her blicking the victim's loss.

B. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

According to the records of this case, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 11, 2018, prior to the pronouncement of the judgment below after the indictment of this case was instituted. Thus, the prosecution against this part of the facts charged should be dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

The judgment of the court below that found the Defendant guilty of this part of the facts charged is unlawful.

3. The judgment of the court below has a ground for reversal ex officio as seen earlier, and the court below has to dismiss the indictment and the remaining crimes as stated in the judgment of the court below are treated as concurrent crimes under the former part of Article 37 of the Criminal Act and rendered a single punishment. Thus, the judgment of the court below is reversed in its entirety

Therefore, without examining the prosecutor's improper assertion of sentencing, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment is again reversed after pleading as follows.