A defendant shall be punished by imprisonment for six months.

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

2. The judgment of the defendant has a criminal record of violence, and the crime of this case has inflicted an injury on the victim by using dangerous articles, which is not good, and is disadvantageous to the defendant.

On the other hand, the fact that fire extinguishers, which is a dangerous object, does not directly contact the body of the victim, and does not heavy injury to the victim, the defendant reflects the crime of this case, and the defendant supports the children with visual disability 1 on his own.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment of the court below] The summary of facts constituting a crime and evidence recognized by this court is identical to the description of each corresponding column of the judgment below, except for deletion of the first sentence of the facts constituting a crime of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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