The appeal is dismissed.

The sentence of the court below (one year and six months of imprisonment, three years of suspended execution, three years of community service, 120 hours of imprisonment) is too unreasonable in light of the defendant's health condition, economic situation, etc.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime; (b) the degree of injury suffered by the victim is not serious; (c) the victim does not want the punishment against the Defendant by mutual consent with the victim; and (d) the Defendant is difficult to be a recipient of basic living benefits.

However, in full view of the following factors: (a) the crime of this case was committed by beer disease, which is a dangerous thing of the defendant, and thus, the victim’s head is highly likely to suffer serious injury; and (b) the liability for the crime is not easy; (c) the defendant has already been sentenced to a fine and a suspended sentence of imprisonment for the same kind of crime; (d) various sentencing conditions, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the range of recommended sentence according to the sentencing guidelines of the Sentencing Commission; (e) violent crime group; (e) habitual injury, special injury by repeated offense (special injury by repeated crime), type 1 (special injury by habitual injury), special mitigation factors (the case of recovery from the source of punishment or considerable partial mitigation), decision on the recommended area; and (e) the scope of recommended sentence (one year to two years and six months), etc.; and (e) the court below’s sentence of community service order imposed on the defendant is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.