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 summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. Determination

A. The crime of this case is recognized as having inflicted an injury upon the victim’s face with a pipe, which is a dangerous object upon the victim’s assault, such as breathing breath, etc., and the crime of this case is not very good in light of the method and consequence of the crime, etc., and the degree of injury of the victim is not easy and the victim seems to have suffered considerable pain.

B. However, considering the following: (a) the Defendant led to the confession of and reflects on the instant crime; (b) appears to have committed contingent acts by setting up against the victim’s assault; and (c) the Defendant agreed with the victim in the first instance; (d) there was no power to commit the same kind of crime; and (e) there was no history of punishment heavier than the fine; and (b) the Defendant’s age, character and conduct, the environment, the means and consequence of each crime; and (c) all of the sentencing conditions and all of the sentencing conditions in the arguments and records, such as the circumstances after the crime

3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each corresponding column 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 Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the relevant criminal facts, the selection of punishment, etc.;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);