A defendant shall be punished by imprisonment for not less than one year and six months.

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

2. The crime of this case was committed by the Defendant with a pipe that is dangerous to the Defendant, and the nature of the crime was bad, and the Defendant committed the crime of this case during the period of probation, and was disadvantageous to the Defendant.

However, in the instant case, when the victim was under the influence of alcohol and inflicted injury upon the victim as a person who was in danger of provoking and provoking, the court below's punishment is too unreasonable in view of various sentencing conditions in the instant case, such as the Defendant's age, character and conduct, motive for the instant crime, relationship between the Defendant and the victim, means and consequence, etc., in full view of the following factors: (a) the Defendant committed any contingent crime in the process of setting up against it; (b) the degree of injury was not excessive; and (c) the victim did not want the punishment; and (d) the Defendant was a person with mental disorder 3rd level disability; and (e) the Defendant was a person with disabilities in the instant case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

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

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