The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of four months, the suspension of execution of one year, and the community service work 120 hours) is too unreasonable.

2. The fact that the accused has several records of juvenile protective disposition and criminal punishment for a violent crime is disadvantageous to the accused.

On the other hand, however, the defendant recognized a mistake and reflects it.

The injury inflicted by the defendant is a scarcity damage that requires treatment for about two weeks, and the degree of damage is not hot.

The victim, as a part of the Defendant's high school, agreed with the Defendant immediately after being examined by the police, and the lower court also tried to have the Defendant's wife.

Considering these circumstances favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account various sentencing conditions as shown in the records and arguments, such as the age, character and conduct environment of the defendant and the circumstances before and after the crime, the sentence imposed by the court below is somewhat inappropriate.

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, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;