A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

It is an unfavorable circumstance that assaults a victim without any particular reason, the method of assault is dangerous, the degree of assault is not less weak, and there is a number of violent crimes.

However, it is advantageous to the fact that the court paid two million won for the recovery of damage in the case of the party, that the victim is not punished for the defendant, and that the crime was committed in depth during the period of detention.

In addition, in full view of the motive and background of the crime, the circumstances after the crime, the age, character and conduct, the environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below is too unreasonable.

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

【Reasons for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Where a person commits a crime with a deadly weapon or other dangerous object, the reason for positive reference: The reason for sentencing (where the person committed a crime with a deadly weapon or other dangerous object, the reason for the failure to punish him/her, and the reason for negative general reference: at least twice a suspended sentence: the range of recommending punishment) [the scope of recommending punishment] types 6 (Habitual, Cumulative, Habitual, and Special Violence) (including a person who has been specially mitigated), mitigation area (4-1 year and 2), mitigation area (including a serious effort for recovery from damage), or recovery of considerable damage (where a decision of sentence is made] under Article 62 (1) of the Criminal Act (where the person committed a crime with a deadly weapon or other dangerous object, the