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

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

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the crime of this case was committed by using beer disease, which is a dangerous thing of the defendant, and the quality of the crime is bad, the degree of injury suffered by the victim is not less weak, and the defendant committed the crime of this case without being aware of it, even though he was under the period of suspended execution, even though he was under the period of suspended execution.

On the other hand, the fact that the defendant has been found to have a mistake since the investigation agency to the trial of the party, that the injured party did not have any punishment for the defendant, that there is no criminal conviction for the defendant, and that the criminal conviction for the defendant has been extremely old in 198 and 2006, are favorable to the defendant.

In addition, in full view of the various sentencing conditions indicated in the record, such as the age, sex, environment, and circumstances leading to the crime of the defendant, the sentence of the court below is somewhat inappropriate.

Therefore, the defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the decision shall be rendered again as follows (in the event that the prosecutor's appeal is rejected but the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the order). 【The grounds for the judgment which is used again 【the facts constituting the crime and the summary of evidence recognized by the court, are all the same as the entries in each corresponding column of the judgment of the court below

Application of Statutes

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