A defendant shall be punished by imprisonment for two years.

2. In light of the fact that the Defendant had been punished several times due to the same kind of crime, the victim suffered bodily injury from the Defendant’s assault on January 6, 2012, and undergone an operation to cut off the register and the warden, even thereafter, the victim habitually assaulted the victim even thereafter, and the victim is undergoing a legacy of injury up to now, it is recognized that the need to strictly punish the Defendant, and that the sentence of the Defendant is inevitable.

However, in full view of the fact that the defendant's criminal act in this case was committed and the mistake was divided, that the victim has agreed to pay 20 million won to the victim during the trial period, and other various sentencing conditions as shown in the records and arguments, such as the age and happiness environment of the defendant and the circumstances before and after the crime, it is deemed that the sentence imposed by the court below is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) 1 of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Consideration of circumstances favorable to the defendant as seen earlier;