The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

2. The crime of this case is serious result of the crime that led to the defendant's real name at the right side of the victim's right side by drinking. However, in light of the defendant's age, character, environment, motive, means and method of the crime, circumstances after the crime, etc., the defendant's punishment against the defendant is less than that of the court below, and the defendant deposits KRW 45,00,00 in the court below for recovery from damage, KRW 9,071 in the court below, and KRW 9,809,07 in the court below for recovery from damage, and repaid the amount of the judgment of the claim for damages against the defendant (No. 2012Dadan18087 in the judgment of the court below).

Since it is recognized that it is too unreasonable rather than that, the prosecutor's above assertion is without merit and the defendant's above assertion is with merit.

3. In conclusion, 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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the defendant in the previous case);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);