The defendant's appeal is dismissed.

The lower court sentenced 8 months’ imprisonment in consideration of the following sentencing conditions, etc.

In light of the background and method of the instant crime committed by the Defendant with a knife, which is a dangerous thing: (a) the nature of the crime is not less severe; (b) a large amount of severe punishment has been received several times; and (c) the circumstances favorable to the Defendant again committed the instant special injury during the period of suspension of execution since the suspended sentence was imposed due to a special injury as stated in the record of the crime in the judgment; and (b) the Defendant reflects the Defendant’s mistake in depth; (c) the victim appears to have committed the instant crime somewhat contingently; (d) the victim’s injury does not seem to be relatively heavy; (e) the victim’s reputation relationship with the victim and the victim did not want the Defendant’s punishment; and (e) the sentence of eight months sentenced by the lower court is too heavy (the Defendant does not constitute “injury with intentional nature” in his own appeal on March 23, 2017). The lower court’s evidence reveals that the Defendant’s crime was sufficiently acknowledged.

The Defendant’s assertion is considered to be a contingent crime. ① The Defendant committed the instant crime in a contingent manner with the victim who was frightened by the Defendant while drinking alcohol, ② the Defendant paid hospital expenses to the hospital together with the victim, and the victim did not want to be punished by the Defendant; ③ When the Defendant is sentenced to a sentence in this case, the suspension of execution should be invalidated and the remaining prison life for about five months should be taken into account as a condition for sentencing.

Article 3(1) of the former Punishment of Violences, etc. Act applies to special injuries to which the sentencing guidelines applicable to the sentencing guidelines of the court below are unfair, and the above provision is applicable on January 6, 2016.