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

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

2. The fact that the judgment defendant has been punished several times for violent crimes is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant agreed with the victim at the time of the trial; (b) the injury of the victim is not serious; (c) the Defendant recognizes and reflects all the crimes of this case; and (d) the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;