The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.

2. The instant crime was committed by the Defendant by using dangerous articles at night, and the nature of the instant crime is very high in light of the means and methods of assault, the degree of injury inflicted on the victim, etc.

In addition, since the defendant not only has been punished several times for past violent crimes, but also has committed the crime of this case during the period of repeated crimes for the same kind of crime, it is inevitable to sentence severe punishment to the defendant.

However, in light of the fact that the defendant recognized the crime of this case and divided the mistake, equity with the criminal punishment for other crimes similar to the crime of this case, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, family environment, and circumstances before and after the crime, it is recognized that the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the defendant in light of the reason for reversal);