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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The sentence of the lower court (two months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is an unfavorable condition, such as the fact that he/she saw the victim several times with dangerous things.

However, it is more favorable for the defendant's spouse to enter the Republic of Korea and make a serious effort to recover damage, such as paying medical expenses to the victim, and the family members of the defendant want to leave the ship, and the defendant recognized the crime of this case and reflected against the defendant.

In full view of these circumstances, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentencing conditions as shown in the argument in this case, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed separately from the disposition of the prosecutor unless the decision of the court below is accepted by the defendant and the decision of the court below is reversed). [The summary of facts constituting an offense and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. To determine the punishment as ordered in light of the various circumstances examined prior to the reason for sentencing under Article 48(1)1 of the Criminal Act.