The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Although the degree of injury suffered by the victim was not minor, the defendant did not have any record of criminal punishment of a fine or heavier punishment; when the defendant was tried to be sentenced to a fine or heavier punishment; when considering all the circumstances, including the defendant's age, character and conduct, the environment, the circumstance and details leading to the crime of this case, and the circumstances after the crime, etc., which are the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, the circumstance leading to the crime of this case, and the circumstance after the crime, the defendant's allegation in this part is justified.

3. In conclusion, 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 with merit.

Criminal facts

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

Application of Statutes

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);