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

The defendant is too unafford with the sentence of the court below (ten months of imprisonment), and the prosecutor is too unafford with the sentence of the court below and thus unfair.

Judgment

Considering various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is somewhat heavy, when considering the following: (a) the Defendant’s injury amount from the crime of this case reaches KRW 98,400,00 and is not agreed with the victim; (b) the Defendant’s injury amount is against the Defendant; (c) the Defendant’s violation of the aforementioned provision; and (d) the Defendant paid KRW 10 million to the victim during the trial; and (e) the Defendant’s age, character

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed unless the defendant’s appeal is accepted and the judgment of the court below is reversed” (Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed as long as the defendant’s appeal is reversed).”

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;