The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of October.

1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment with prison labor for a maximum of two years) is too unreasonable.

2. In light of the content, method, risk, etc. of the instant crime, the Defendant’s sentence of imprisonment with prison labor is inevitable when considering the following: (a) the gravity of the instant crime is considerably poor; (b) the degree of injury the victims suffered; and (c) the victims I suffered serious injury; and (d) the victims have not yet agreed with the victims; and (c) the damage has not been completely recovered.

However, in light of the fact that the defendant has been fully aware of the crime of this case, the defendant's attitude to reflect on the defendant's age, 1 million won for the victim I, there are many records of juvenile protective disposition, but there are many records of violent crimes, the possibility of improvement of the defendant's age and the future needs to be considered as the early birth of the 18-year old society. The defendant's punishment of this case, which was sentenced in two years and six months in prison, is balanced in sentencing with the defendant's age F and other conditions of sentencing as well as the defendant's age, sex, environment, background, method of crime, circumstance after crime, criminal record and criminal record, etc., it is unfair to view the sentence of the defendant, which was sentenced by the court below, as well as all other conditions of sentencing as indicated in the records and the theory of change.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the relevant criminal facts, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), the former Punishment of Violences, etc. Act (amended by Act No. 1382, Jan. 6, 2016).