The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

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

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, in the trial of the court, the prosecutor applied for changes to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" under "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and since this court changed to the subject of the judgment by permission, the judgment of the court below cannot be maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is quoted as it is.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act is deemed to have inflicted an injury upon the victim’s head by an empty baby who is a dangerous object without any particular reason. In light of the background, method, risk, etc. of the crime, there are unfavorable circumstances to the defendant, such as the poor nature of the crime. On the other hand, the defendant recognized the defendant’s mistake and reflects it, the first offender who has no record of criminal punishment, and the first offender who has no record of criminal punishment.