A defendant shall be punished by imprisonment for six months.

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

2. Determination

A. It is recognized that the defendant has a history of criminal punishment for crimes related to violence several times, but it is necessary to severely punish the crime of this case again, and that the victim's injury is not minor.

B. However, when considering all of the sentencing conditions indicated in the records of this case, such as the Defendant’s age, living environment, motive, details and result of the crime, etc., when the Defendant was in the first instance trial, and against the time of the instant crime, and agreed with the victim by paying a total of three million won to the victim, the lower court’s punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

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.

Criminal facts

The summary of the facts constituting an offense and the gist of the evidence admitted by this court is as stated in the judgment of the court below, with the exception that the phrase “the defendant’s partial statement” in the summary of the evidence as indicated in the judgment of the court below as “the defendant’s oral statement” is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the grounds for reversal as above);

1. Article 62-2 of the Criminal Act on the observation of protection;