The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The fact that the degree of injury suffered by the victim due to the instant crime committed by the Defendant was serious, etc. is disadvantageous to the Defendant.

On the other hand, when the defendant was in the trial for the first time, he was aware of his serious attitude, and the victim seems to have induced the crime of this case, the defendant appears to have caused the crime of this case by contingency under drinking alcohol, and the defendant was in the trial for the first time, and the defendant did not want the punishment of the defendant by agreement with the victim. The defendant was detained for about three months as the case in this case, and the defendant seems to have sufficient time of reflectiveness, and there was no specific criminal power other than once due to obstruction of performance of official duties.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act concerning the selection of criminal facts;