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

2. In light of the mode of each of the crimes of this case, such as causing injury to a victim at the scene where the police was dispatched, the Defendant committed the crime of this case without being aware of the nature of each of the crimes, the Defendant committed the crime of this case during the suspension period of execution due to the same kind of crime, and the Defendant committed the crime of this case since there was no long time to be punished by a fine for the crime of causing damage to property committed during the suspension period. The Defendant did not seem to have committed the crime of this case. The Defendant did not seem to have an attitude against the Defendant, such as: (a) the police officers dispatched immediately after the crime of this case were committed; and (b) the police officers sent to the scene after the crime of this case were committed with a bad attitude even after being investigated.

On the other hand, the degree of injury of the victim is not much severe, and the fact that the defendant paid 270,000 won to the victim and agreed with the victim is favorable to the defendant.

In addition, if all of the sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, motive and circumstance of the crime, etc. of the defendant, are taken into consideration, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, Articles 314(1) of the Criminal Act and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.