The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

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

2. The method of criminal acts and the nature of the crime are poor, such as taking the victim's body by drinking and launching the victim's body, resulting in injury requiring medical treatment for ten weeks.

However, in full view of all the circumstances such as the defendant's age, character and conduct, family relation, environment, occupation, circumstance and contents leading to the crime of this case, circumstance after the crime, etc., the sentence of the court below is too unreasonable, and the above argument of the defendant is well-grounded, since the defendant's deposit of KRW 3 million for the victim at the court below, the defendant was punished by a fine for the same kind of crime, although all of the defendant was punished by a fine, and the defendant was detained for more than a month prior to the date of the sentence of this case.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (the favorable circumstances stated in the grounds for reversal) is above.