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. In the judgment Macju World Cup, it seems that the risk of the victim's act was high in light of the fact that there was a criminal record of violence against the defendant, the victim's degree of injury is not minor, etc. However, the defendant's mistake is acknowledged and there is no criminal record exceeding the fine. The degree of damage to property is minor and the victim D does not want the punishment of the defendant. The court below deposited 3750,000 won for the victim F, and the defendant deposited 3750,000 won for the victim F, and agreed with the F. The defendant was the disabled in the third degree of delay disability. Considering the circumstances of the crime of this case, the court below's punishment is too excessive and unfair. Thus, the defendant's argument 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 Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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);