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 two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although there are circumstances, such as the fact that the method of the instant crime is considerably dangerous and the degree of injury of the victim is not easy, considering the following: (a) the Defendant’s mistake is recognized; (b) the Defendant does not want the punishment of the Defendant by mutual consent with the victim when the Defendant was in the trial; and (c) the Defendant’s age, character, character, environment, occupation, circumstance and details leading to the instant crime; and (d) other circumstances constituting the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, the sentence of the lower

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances stated in the grounds for reversal);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for reversal)

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes (the first type] special injury, repeated injury [the special person] special injury [the scope of the recommended punishment]: the reduction area of punishment [the scope of the recommended punishment], the reduction area of imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing], the lower limit of the sentencing range recommended by the sentencing guidelines for six months to one year is inconsistent with the lower limit of the applicable sentencing under law.