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1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
3.Provided, That this judgment has become final and conclusive.
Reasons
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case is judged to be unfair in full view of the following circumstances: (a) the Defendant collected a dye who is an object dangerous to the victim without any particular reason, and caused bodily injury by drinking several times; and (b) the Defendant did not have any record of punishment for the same kind of crime; (c) the Defendant has reached an agreement with the victim in depth after recognizing all the crime of this case in the trial; and (d) other circumstances that are conditions for the sentencing specified in this case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;