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.

1. The main point of the grounds for appeal is that the sentence of one year and six months sentenced by the court below is too unreasonable.

2. The judgment of this case is that the Defendant’s glass cup, which is a dangerous thing, carried a part of the victim’s flock and flicked the victim’s rack, thereby threatening the victim’s life. Thus, the issue is not easy because it may threaten the victim’s flacker’s life.

In addition, the defendant has three times the previous departments of the same department, and the number of years of punishment among them has reached two times.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes and reflected his mistake; (b) agreed with the victim; (c) the Defendant’s previous conviction, which was 20 years or more, was the past; and (d) the Defendant’s age, environment, occupation, family relationship; (b) circumstances leading to the instant crime; and (c) circumstances after the instant crime, etc., the sentence determined by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Social service order under Article 62-2 of the Criminal Act;