A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The degree of injury of the victim caused by the instant crime is not less severe, but did not reach an agreement with the victim.

However, the defendant is trying to recover damage by bearing about seven million won of medical expenses of the victim until the court below and the court of the trial.

The crime of this case was committed in the situation where the victim had the tangible power first to the defendant, and there are some circumstances to consider the background of the crime.

There is no same record that the defendant has been punished beyond the fine.

Although the defendant seems to carry out officetel guard work, due to the characteristics of his occupation, it is likely that the defendant's living opportunity may be restricted when performing orders to attend violent therapy or community service order imposed by the court below.

In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and pleadings of this case, the sentence imposed by the court below is somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;