The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. As a result of the instant crime, the Defendant’s act of committing the instant crime is disadvantageous to the Defendant, such as: (a) the degree of injury, such as entering the right alley for about four weeks of treatment; and (b) the Defendant did not agree with the victim.

However, if the Defendant has recognized all crimes in the first instance trial and divided errors, and the Defendant deposited 3 million won with the victim as his principal after the sentence of the lower judgment, and the Defendant did not have the same criminal history, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, family relations, etc., are examined, the lower court’s sentencing is too unreasonable.

Defendant’s assertion is with merit.

3. According to the conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Injury (1, 4 types) serious in the area of increase (6 months to 2 years) in category 1 (general injury) (6 months to 2 years) in accordance with the sentencing guidelines, the scope of the recommended sentence [the scope of the recommended sentence] according to the sentencing guidelines.

3. The reasons for reversal prior to the decision of sentence are examined.