The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. The crime of this case, which is the crime of this case, is the crime of this case where the defendant inflicts an injury upon the victim's head by beer and coffee, which is the dangerous thing of the defendant, and its nature is not weak.

Damage has not been recovered.

There is a history of criminal punishment for violent crimes.

However, the defendant shows his attitude to reflect on recognizing the crime.

The victim has caused the crime and is a contingent crime.

After having been sentenced to the violation of the Road Traffic Act due to the unlicensed driving in 2009, only two previous fines have been sentenced, and there has been no record of punishment for violent crimes since 1997.

In fact, two children who have not been old and adultly supported are actually supported.

In addition, taking into account all the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character, conduct, environment, circumstances leading to the offense, means and result, etc., the lower court’s punishment is deemed to be too unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;