A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

The above fine shall be imposed on the defendant.

2. In the case of the instant special intimidation, it is highly dangerous that the victim D vehicles were exposed to disease, glass disease, etc., which is a dangerous object for the victim D vehicles on the road. The Defendant inflicted an injury on the victim H andO, as well as the Defendant and the victim L, who fighted against the victim, who took the fighting of the victim and the victimO, are disadvantageous to the Defendant.

However, when comprehensively considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance before and after the crime, family relation, etc., the punishment imposed by the court below is considered to be unfair and unfair. Thus, the defendant's argument that the punishment imposed by the court below is unfair, since it is reasonable.

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 again as follows.

【Grounds for a new judgment of the court below] The criminal facts against the defendant recognized by this court and summary of the evidence and the summary of the evidence are identical to the corresponding part of the judgment of the court below, except for the case where "victim K" as "victimO" in Article 3 of the Criminal Procedure Act is applied to the facts constituting the crime of the court below. Thus, it shall be accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 284 of the Criminal Act applicable to the facts constituting an offense and Article 284 of the choice of punishment;