The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for one year of imprisonment, and eight hours of community service) is too unhued and unreasonable.

2. In light of the following: (a) the judgment was examined; (b) the victim did not want the punishment of the defendant; (c) the victim did not want to be punished; or (d) the fact that the defendant inflicted considerable bodily injury on the victim who is the natives of the old age in need of respect and protection; and (c) the defendant is consistent with the reasoning that it is difficult to easily understand, rather than seriously against the instant case, the nature of the crime is inferior.

In addition, considering the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, and various factors of sentencing indicated in the records, such as the circumstances after the crime, the lower court’s punishment seems to be too uneasible and unfair. Thus, the prosecutor’s above assertion is with merit.

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 257 (2) of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances in determining the grounds for appeal by the court below);

1. Determination of the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order shall be made in the same manner as the order in consideration of the various circumstances as seen in the above determination of the reasons for appeal.