A defendant shall be punished by imprisonment for six months.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

Although the Defendant had several criminal records of violence, it is necessary to strictly impose liability on the Defendant for the following reasons: (a) the Defendant committed the instant crime during the period of suspension of execution; (b) the degree of injury to the victim (71 days prior to the operation); and (c) the possibility of aftermathing, shed away from the operation.

However, in light of the fact that the defendant committed the crime of this case in contingency, and that there was an agreement to pay the victim KRW 10 million after the sentence of the judgment below, the punishment of the court below is deemed to be unfair because it did not constitute a crime of this case.

Therefore, the defendant's improper argument of sentencing is accepted and the prosecutor's improper argument of sentencing is not accepted.

3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act and the decision shall be rendered again as follows (Article 364(6) of the Criminal Procedure Act; however, the prosecutor's appeal shall not be dismissed separately from the order inasmuch as the defendant's appeal is accepted and the judgment of the court below is reversed, and the defendant's appeal is reversed)

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;