A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

2. The crime of this case is committed by the Defendant with a view to the following facts: (a) while the Defendant was suffering from drinking alcohol with the victim and was in dispute with the victim, the Defendant inflicted 12 caution on the victim by leaving the her bridge behind the victim; (b) in light of the degree of injury, etc., the nature of the crime is grave; and (c) the Defendant has a history of criminal punishment several times due to violent crimes, etc., it is necessary to punish the Defendant strictly.

However, there are extenuating circumstances to consider the Defendant favorable to the Defendant, such as the Defendant’s confession of the instant crime and the Defendant’s desire to take the Defendant’s wife by mutual agreement with the victim. In light of all of the above circumstances and other sentencing conditions specified in the instant pleadings, including the Defendant’s age, character and conduct, and family environment, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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 it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);