A defendant shall be punished by imprisonment for one year.

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

2. The lower court determined a sentence by taking into account the following circumstances: (a) the Defendant’s injury crime committed against the victim was repeated; (b) the Defendant led to serious injury to the victim; (c) the Defendant led to the confession and cooperation in the investigation; (d) the Defendant requires medical treatment and assistance for the principal offender; (e) the Defendant deposited KRW 10,00,00 for the victim; and (e) the Defendant’s dependents deposited KRW 10,000 for the victim; and (e) the Defendant’s dependants’s family members have four children; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s criminal history, age, sex behavior, environment, motive and means of the crime; and (e) the circumstances

However, in full view of the following facts: (a) the Defendant has reached an agreement with the victim when the Defendant was in the trial; (b) the victim did not want the punishment of the Defendant; (c) the victim, after having divorced with the victim, intends to care for the minor children; and (d) the need to provide economic support to the children of the Defendant; (c) the Defendant is only the previous conviction of the fine; and (d) the Defendant does not have the same criminal record since 2001; and (e) the Defendant submitted a rebuttal in the trial of the party, etc., the lower court’s punishment is somewhat unreasonable because of the change in the sentencing conditions of the lower court

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 again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act concerning the selection of criminal facts (the choice of imprisonment).