The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (five million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. The circumstances favorable to the defendant include the confession of the defendant to commit a crime, the depth of the defendant is divided, and the fact that the defendant seems to have a poor economic difficulty, etc.

However, in light of the fact that the Defendant committed the instant crime in the same kind of crime even though he had already been punished several times due to the same violent crime, and the victim's act of injury is serious in the degree of damage, such as the necessity of the disturbance procedure due to the Defendant's act of injury, etc. Nevertheless, the agreement or the repayment of damage has not been made up to the trial. Furthermore, considering all sentencing conditions in the records and arguments, such as the background and means of the instant crime, relationship with the victim, circumstances after the crime, etc., the lower court's punishment against the Defendant is deemed unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;