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

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

2. Although there are many criminal records of violence committed against the defendant, the court below's punishment is unreasonable on the other hand, taking into account the following factors: (a) the defendant's mistake is recognized, and there is no criminal record exceeding the fine; (b) the victim's injury is not much weighted; (c) the defendant has agreed with the victim; (d) the defendant supports the aged 68 years of age and the mother of 85 years of age; and (e) the fact that it is inappropriate to carry out community service order as he supports the mother of 85 years of age due to negligence; and (e) other various sentencing conditions shown in the argument of this case, such as the background of the crime of this case, circumstances after the crime, the defendant's age, character and behavior, and environment, etc., the defendant'

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment 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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;