The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

1. Determination of the summary of the grounds for appeal (the period of suspension of execution for four months of imprisonment, the period of community service order80 hours, confiscation) is unreasonable;

2. The sentence imposed by the lower court is within the scope of the applicable sentences and the recommended sentencing guidelines (one month from April to October).

While considering the same criminal history, damage recovery, etc. as an unfavorable sentencing factor, the punishment was determined by considering the defendant's reflectivity, the occurrence of injury, etc. as favorable sentencing factor.

However, the defendant is not healthy.

In addition, if the sentencing factors are reviewed again, the determination of the sentence of the court below which imposed the community service order is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;