The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The Defendant had a record of having been punished several times, including imprisonment, for the same kind of crime, and in particular, committed the instant crime during the period of repeated crime.

On the other hand, however, the defendant recognized his mistake, and agreed with the victim after paying the victim a non-exclusive payment.

It is minor that the amount of an in-service charge is 95,00 won.

At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to the personality disorder and alcohol dependence, and the Defendant’s health condition seems not good.

In full view of all the factors of sentencing as shown in the records and arguments of this case, including these circumstances, including the defendant's age, sex, environment, and circumstances after the crime, the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again as follows (Provided, That as long as the defendant's appeal is reversed on the grounds of appeal, the court below's appeal shall not be dismissed separately from the order). [Re-written judgment] Criminal facts and summary of evidence are the same as that of the court below's corresponding column, and the summary of evidence is the same as that of the court below's judgment. Thus, it is cited as it is in accordance with Article 369(1) of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Taking into account the circumstances described in Articles 10(2) and 55(1)3 of the Criminal Act for the reason of sentencing as prescribed in Article 10(2) and 55(1)3 of the said Act.