A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. Determination

A. In light of the fact that the crime of this case was committed by the Defendant with injury requiring treatment between about 42 days in consideration of the fact that the Defendant committed the crime of this case, and that the degree of injury is not less than that of the victim, and that there is no agreement with the victim, the Defendant may not be subject to a strict liability.

B. Meanwhile, there are favorable circumstances that can be considered, such as the fact that the Defendant did not have been sentenced to the previous punishment and imprisonment, the confession of the crime, and the fact that the Defendant is divided into several parts, and the wife and two children should be supported.

In addition, considering the Defendant’s age, living environment, motive, details and consequence of the crime, and all of the sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;