The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the form, method, and risk of the instant crime, the nature of the instant crime is inferior, and there are many kinds of criminal records, including the same criminal records.

However, in full view of the overall circumstances, including the fact that the degree of injury of the victim is not severe, that is, it was somewhat contingent due to an excessive dispute under the influence of alcohol, and that it was agreed with the victim in particular, and that he wants to have the defendant's wife, and that it was the condition of sentencing as shown in the records and arguments, even if considering the above unfavorable circumstances, it is recognized that even if considering the above unfavorable circumstances, the sentence imposed by the court below is unfair due to the change of sentencing conditions in the trial, and thus, it is recognized that the sentence imposed by the court below is unfair.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The conditions favorable to the reasons for sentencing as seen earlier);