The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant with beer’s illness, thereby causing injury to the victim, and is highly dangerous and not good to commit the crime.

The degree of injury suffered by the victim is not easy.

However, the defendant's mistake is recognized, and the defendant has the time to reflect by living in custody for about three months.

The defendant is the first offender.

In addition, when it comes to the trial, the victim is unable to punish the defendant by mutual consent with the victim.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

3. 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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each 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. Articles 258-2 (1) and 257 (1) and 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of crimes (see, e.g., Supreme Court Decisions 258-2 (1) and 257 (1) of the said Act);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);

1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the various sentencing factors as seen earlier.