The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed by exercising excessive violence against a victim who does not have any way to see without any particular reason. While the nature of the crime was considerably poor, there are circumstances unfavorable to the defendant, such as the fact that the defendant made an agreement with the victim late later and later, it was against the defendant. However, when considering the defendant's age, sex, environment, background and motive of the crime, form, means and consequence, degree of injury, etc., the punishment imposed by the court below is unreasonable, considering all of the sentencing conditions indicated in the arguments of this case, such as the defendant's age, sex, sex, environment, motive, appearance, means and consequence, degree of injury, etc.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence admitted by this court is as follows: (a) except for the fact that “the Defendant’s partial statement of 1.1” in the first instance judgment as “the Defendant’s oral statement of 1.1. trial”; and (b) the summary of the evidence is identical to the description corresponding to each corresponding column of the lower judgment.”

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;