The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The following facts are that the Defendant had been punished several times for the same kind of crime; that the Defendant was punished by a fine for an injury in 2018; that Defendant committed the instant crime; and that Defendant inflicted an injury upon the victim with a dangerous object without any particular reason while drinking alcohol, etc. is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, the situation after the crime, etc., the lower court’s punishment is too unreasonable, considering the following as a whole: (a) the Defendant’s mistake is divided and reflected; (b) there is a family member to support the Defendant; (c) there is no history of punishment for the Defendant exceeding the suspended sentence of imprisonment; (d) the victim and the investigation stage;

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the determination under paragraph (2));

1. The sentencing conditions examined in the determination of Article 62-2(2) of the Criminal Act with regard to probation and community service order shall be determined as ordered by taking into account all the factors of sentencing.