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

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

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant used assaulting Victim E to inflict a bodily injury that requires eight weeks of medical treatment, and that the crime of this case is considerably not good in light of the background, method, result, etc. of the crime committed by the reported victim without accusation, and that the Defendant denied the crime at the lower court, it is also necessary to punish the Defendant with severe punishment.

However, considering the fact that the defendant was sentenced one time to a fine due to the crime of violation of the Road Traffic Act, all of the crimes committed in the court below, the confession of the crime, the violation of the Road Traffic Act, the fact that the defendant did not agree with the victim, but made efforts to recover the damage by depositing KRW 20 million, which seems to have been considerably restored, the damage seems to have been considerably recovered, the time of his own accommodation through the prison life for three months, and all other circumstances, which are the conditions for the sentencing specified in this case, the sentence of the court below sentenced to the punishment is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is

[Grounds for the judgment of the court] The summary of facts constituting an offense and evidence recognized by this court is identical to each corresponding column, except for adding “the defendant’s oral statement” to “the summary of evidence” as stated in the judgment of the court below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Articles 157 and 153 of the Criminal Act for statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for reversal of the suspended sentence under Article 62(1) of the Criminal Act.