A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

2. The judgment of this case constitutes a reason for imposing unfavorable punishment, including the fact that the crime of this case was committed against the victim's head due to the two-way disease and the two-month disease, which are dangerous objects, and the fact that there is no significant nature of the crime, and that there is no agreement with the victim, but there is no record of criminal punishment other than fine, and that there is no record of punishment after March 199, for the victim, in the court below for the victim, the defendant additionally deposited 3 million won in the court below, in the court below, and additionally deposited 2 million won in the court below for the victim, and the defendant was deemed to have committed the crime of this case in a contingent manner under the influence of alcohol, and was against his fault in depth through the life of the defendant for about three months, it is inappropriate to view that the sentence imposed by the court below is somewhat unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;