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.

2. The judgment of the Defendant not only prevents the performance of official duties, thereby causing injury to the Defendant, but also has the record of serving ten times punishment for violent crimes including the suspension of the execution of imprisonment.

However, the defendant not only seems to have inflicted minor injury on the victim, but also deposited one million won in the original trial and agreed with the victim in the first instance trial, and there was a history of punishment as a suspended sentence of imprisonment for committing violent crimes, but it has not been punished for the same crime since 2001.

In addition, the sentence of the court below is deemed to be unfair due to excessive and excessive disregarding circumstances that may serve as conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, and agreement in the case of the party.

Therefore, the defendant's improper argument in sentencing is acceptable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The community service order under Article 62-2 of the Criminal Act;