A defendant shall be punished by imprisonment for one year.

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of this case is necessary to punish the Defendant in light of the following: (a) the Defendant’s head is strong due to a beer disease without opening a dangerous object; (b) the commission or method of the crime is cruel and dangerous; (c) the degree of injury of the victim is heavy; and (d) the Defendant has several criminal records related to violence.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant is against the Defendant; (c) there is no criminal record exceeding the fine imposed on the Defendant; and (d) the Defendant was in the first instance trial, and the victim did not want the Defendant’s punishment by mutual consent with the victim; and (c) other various sentencing conditions specified in the instant argument, such as the background of the instant crime; (b) circumstances after the commission of the crime; (c) the Defendant’s age, character and conduct, etc.

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.

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal filed by a defendant is accepted and the original judgment is reversed, the prosecutor’s appeal shall not be dismissed separately).” The gist of facts constituting an offense and evidence recognized by the court is the same as that of the original judgment.”

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;