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

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

The punishment sentenced by the court below (one year and six months of imprisonment) is too heavy or unhued so as to be unfair.

Judgment

The defendant and the prosecutor's argument are also examined.

The Defendant’s crime of this case committed by using a knife, which is a deadly weapon, with the depth of the right side, which requires treatment for about five weeks, should be strictly punished, and the nature of the crime is heavy and the degree of damage is heavy. However, the Defendant led to the instant crime, and the victim took the knife beer disease at the time of the instant crime, and submitted a written agreement that the victim does not want the punishment of the Defendant after having reached an agreement with the Defendant. In full view of all other circumstances, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's assertion is well-grounded, and prosecutor's assertion is without merit.

Thus, the defendant's appeal is reasonable. Thus, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

(3) Article 369 of the Criminal Procedure Act provides that “In cases where an appeal by a prosecutor is not well-grounded, and the original judgment is reversed, it shall not be dismissed separately from the original judgment).” The gist of facts constituting an offense and evidence is the same as that of the original judgment, and thus, the gist of facts and evidence recognized by the court

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;