The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year and six months of imprisonment) is too unreasonable.

However, since there are many kinds of records of punishment, suspension of execution, and fine for the same crime, the criminal liability of the defendant is not easy.

However, in light of the fact that the crime of this case was committed by the defendant on the part of the victim's right part part of the victim's felbbow at one time and caused bodily injury that requires approximately two weeks of treatment, and that the part causing bodily injury does not interfere with his life, and that the victim expressed his intention that he does not want to punish the defendant, and that the victim is against his intention that he does not want to do so, and that he has the time of self-esteem while living in custody for two months in this case, and all other circumstances, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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 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 (Consideration favorable to the grounds for reversal);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be considered repeated as a favorable reason for the reversal);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;