The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The excessive knife (No. 1) seized shall be confiscated.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and confiscation) of the lower court is deemed to be too uneasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and reflected, the fact that the defendant agreed with the victim, and the fact that the health is not good.

However, in light of the background and method of the crime, there is a very bad character of the crime, and there is a history of punishment including imprisonment for the same kind of crime, and in particular, there is no awareness of compliance such as repeated committing the crime of this case during the period of repeated crime resulting from the same crime, and the risk of recidivism seems to be very high, and the defendant seems to be in need of isolation in society for a certain period, apart from whether he/she agrees with the victim for the purpose of correcting the character and behavior of the defendant.

In addition, considering the age, character and conduct of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below is deemed unfair.

3. In conclusion, the prosecutor'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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of Article 48(1)1 of the Criminal Act prior to the reason for sentencing is determined as ordered by taking comprehensive account of the various circumstances.