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.

(F) The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

The crime of this case is an unfavorable circumstance, such as the fact that the defendant, while making a dispute with the victim about the ownership of night tree at night, was inflicted an injury on the victim's head due to the loss, which is a dangerous object, and the nature of the crime was serious, and the degree of injury of the victim was serious.

However, in full view of the following facts: (a) the Defendant led to the instant crime; (b) the Defendant was committed against himself/herself by mutual consent with the victim when he/she was in the trial; (c) the Defendant was not punished for the same crime; (d) there was no record of having been sentenced to a fine twice; and (e) there was no record of having been sentenced to a fine exceeding the fine; and (e) other various conditions of sentencing, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) violent crimes within the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission; (b) category 1 (type 1); special mitigation factors (where punishment is not imposed or considerable partial damage is recovered); (c) decision on the recommended area; (d) scope of the recommendation (i) and (v) the suspension of execution, etc., the sentence of the lower court is deemed unfair because it is too unreasonable.

Defendant

The prosecutor's assertion is with merit and without merit.

As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts against the defendant recognized by this court and summary of the evidence shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. The relevant Act on the Punishment of Violences, etc. against Criminal Facts;