A defendant shall be punished by imprisonment for not less than eight months.

except that, for a period of one year and six months from the date this judgment becomes final and conclusive.

2. Determination:

A. The lower court sentenced the Defendant to a sentence of imprisonment with prison labor for a short term of ten years, considering the following: “The Defendant was a juvenile who had no record of criminal punishment before committing the instant crime; the Defendant recognized the instant crime as a juvenile with no record of criminal punishment; the Defendant appears to have committed the instant crime under the influence of alcohol; the Defendant’s mother and the Defendant’s mother were to have deposited a large amount of money with the victim under the pretext of criminal agreement; the Defendant’s mother and the Defendant’s mother were complaining of the risk of life by causing bodily harm, such as blood transfusion; the Defendant’s age, character and conduct, family environment, etc.; the Defendant did not agree with the victim; and the victim and his family members want to punish the Defendant significantly.”

B. However, the defendant's family members do not want the defendant's punishment by mutual agreement with the victim's family members, and if the defendant's family members were changed from the above point of time to the above point of time, considering the other sentencing grounds properly stated by the court below, the court below's punishment against the defendant is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.