A defendant shall be punished by imprisonment for six months.

2. The crime of this case was committed by the Defendant with the victim and with a long-term period of time, resulting in injury to the victim by getting the head of the victim as plastic, which is a dangerous object that may cause the victim, and the nature of the crime is not good. The Defendant committed the crime of this case at 20 times with the record of punishment due to violent crimes, and committed the crime of this case at the same time during the period of repeated crime.

However, considering the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the degree of injury inflicted upon the victim by the instant crime is not relatively more severe; and (c) the Defendant agreed with the victim at the investigation stage (However, the victim submitted a written application for a minor punishment against the Defendant on the ground of additional surgery expenses, etc. after the said agreement to the lower court); and (d) other various circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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