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 sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the accused was punished for the same kind of crime, and the accused, without any particular reason, inflicted an injury on the victim by taking advantage of the fact that the accused, without any particular reason, took advantage of the fact that he/she inflicted an serious injury on the victim.

However, in full view of all the circumstances, including the Defendant’s life under detention for five months and the Defendant’s life in prison and reflects the time of and reflects the Defendant’s criminal act; the Defendant’s previous records of punishment for the same kind of crime; the Defendant did not have any criminal record exceeding the fine among the records of punishment for the same kind of crime; the Defendant’s character, conduct and environment; the circumstances and result of each of the instant crimes; and the circumstances after the commission of the crime, etc., the Defendant’s sentence imposed by the lower court is deemed unreasonable, and thus, the Defendant’s above assertion

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 for favorable circumstances among the reasons for reversal);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered for repeated consideration of favorable circumstances among the grounds for reversal of the above judgment);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;