The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (four years of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor rather than that of the court below are unreasonable.

2. The conclusion of the judgment was examined. The defendant's punishment is inevitable for the defendant, taking into account the criminal records of the defendant, etc. as well as the criminal records of the victim, where the defendant was found to have suffered from the victim F due to the great end of the minor trial with the victims.

However, in light of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., as well as the attitude that the Defendant committed the crime in this case, and the victims were not punished by the Defendant by unanimous agreement with the victims at the time of the trial, the court below’s punishment is less than that of the Defendant in light of various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, circumstances after the crime.

It is too unreasonable rather than that.

3. As such, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded ( long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed separately) and the decision is again rendered

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act and Articles 257(1) (the point of injury, the choice of imprisonment), 261, 260(1) (the point of special violence and the choice of imprisonment), 258-2(1), 257(1) (the point of special injury) of the Criminal Act, Articles 148-2(1) and 44 of the Road Traffic Act concerning the crime;