The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is committed in such a manner that the defendant takes part in the part of the victim's appearance and part under the influence of his eye and ear, etc. due to the defendant's depression, and thus, the risk of the act is high, the defendant has been committed several times of violence, and the degree of injury to the victim is not easy. On the other hand, there are extenuating circumstances such as the defendant's mistake is recognized and there are no criminal records beyond the fine, and there are some circumstances to be taken into account of the circumstances leading to the crime of this case. The court below deposited 3.5 million won for the victim, deposited 3.5 million won for the victim in the court below, and additionally paid 4.5 million won to the victim and agreed with the victim. In full view of other favorable circumstances such as the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., the defendant's argument is justified, and thus, the defendant's allegation is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

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

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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 for repeated consideration of favorable circumstances among the grounds for reversal of the above judgment);