The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Defendant

In light of the summary of the grounds for appeal by the defense counsel (unfair form of punishment) recognizes and reflects the defendant's mistake, and suffering from mental illness such as depression disorder, and the victim commits the crime of this case by contingency while under the influence of alcohol, and the victim does not want the defendant's punishment, it is unreasonable for the court below's sentence that sentenced the community service order and confiscation for 2 years and 80 hours under the suspension of execution in August, is too unreasonable.

Judgment

Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) which applies the judgment subject to a retrial requires the Constitutional Court to consider the purport that “a person who commits a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles by carrying a deadly weapon or other dangerous articles” made a decision of unconstitutionality (see, e.g., Constitutional Court en banc Decision 2014Hun-Ba154, Sept. 24, 2015); the victim expressed his/her intent that he/she would not want the punishment of the defendant due to the change of damage; the victim expressed his/her age, character and conduct, motive and circumstance of the crime, degree of damage, circumstances after the crime, etc.; thus, the above assertion is unreasonable since the lower court’s punishment is deemed unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62(1) of the Criminal Act: