The judgment below

Part 2 of the judgment of the court below is reversed.

A person shall be punished by imprisonment with prison labor for not less than four months for a crime of Article 2.

1. The summary of the grounds for appeal (one year of suspended sentence of imprisonment with prison labor for the crime No. 1 of the judgment below and eight months of imprisonment with prison labor for the crime No. 2 of the judgment below) is too unreasonable.

2. Determination:

A. As to the part concerning the crime No. 1 of the judgment of the court below, it is recognized that the defendant led to the confession of this part of the crime, his mistake is divided in depth, and that this part of the crime is deemed to have been committed under the influence of alcohol, and that the crime No. 1 of the judgment of the court below is in the relation of concurrent crimes with the obstruction of duties for which the judgment became final and conclusive, Article 37 of the Criminal Act, and the crime No. 1 of the judgment of the court below should be sentenced in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance

However, this part of the crime was committed by force that causes damage to D (hereinafter only referred to as “victim”) by means of force, such as the Defendant’s inception and desireing, and that the nature of the crime was considerably poor in light of the law and content of the crime, and the agreement with the victim or the restoration of damage seems not to be properly achieved, despite the fact that the Defendant committed this part of the crime even though he had the record of being sentenced to the suspended sentence once due to the obstruction of duties and the crime of violence and damage to property, even though there was a history of being sentenced to the 16-time criminal punishment due to the crime of obstruction of duties and the crime of damage to property, and there is no special circumstance or change of circumstances that may be newly considered after the sentence of the judgment below, the sentencing guidelines shall not apply to the crimes of subparagraph 1 of the judgment of the court below, which are set forth in the arguments of this case, including equity in sentencing with the same and similar cases, the age of the Defendant, sex, environment, motive and background of the crime, and circumstances after the crime.

In full view of all the facts, it is not recognized that the sentence imposed by the court below on the first crime in the judgment of the court below is too excessive and unfair.

Therefore, this part of the defendant's assertion is accepted.