The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not have a head of the victim due to beer’s disease, and only was the victim was injured by the head of the victim while he/she was frightened with the victim, while he/she was frightened with the victim.

Nevertheless, the judgment of the court below that convicted the defendant of the facts charged of this case is erroneous in mistake of facts.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In the judgment of the court below on the assertion of mistake of facts, the defendant made the same assertion as the reasons for appeal in this part, and the court below rejected the above assertion on the grounds of various circumstances as stated in its reasoning. If the court below examined the above judgment by comparing it with records, it is just to find the judgment of the court below guilty of the relevant part of the facts charged against the defendant, and it is not erroneous in the misapprehension of the facts as alleged by the defendant. Thus, the defendant's above assertion of mistake of facts is not accepted.

3. The fact that the Defendant denied the instant crime, that there was a history of having been ever been sentenced to the suspension of execution once, 2 times of fines, 2 times of suspended execution and 7 times of fines due to the same kind of crime is disadvantageous to the Defendant.

However, the fact that the defendant paid 35 million won (5 million won in the original judgment, 30 million won in the final judgment, and 5 million won in the final judgment) and agreed with the victim for the first time in the trial, and that he had an attitude against his behavior is favorable to the defendant.

In addition, various conditions of sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and the situation before and after the crime, and the scope of recommended sentencing guidelines of the Supreme Court [the scope of recommending sentence].