The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the Defendant had been punished for the same kind of crime several times, but again uses violence, and considering the fact that the degree of injury to the victim F is not less than that of the victim’s injury, the sentence of the lower court (two years of suspended execution in six months of imprisonment) is too uneasy and unfair.

2. There are extenuating circumstances to consider the Defendant’s mistake in favor of the victim F who made an agreement with the victim F.

However, considering the unfavorable circumstances pointed out by the prosecutor or the defendant's non-limited drinking behavior and violence and tendency accompanying it, it is necessary to urge the defendant to reflect seriously against the defendant, while taking measures to improve additional materials corresponding to the nature of the crime and wrong character and behavior, the sentence of the court below that sentenced the suspension of execution is too unfasible.

3. In conclusion, the decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act by accepting the prosecutor's appeal and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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 relevant to the facts constituting an offense and the selection of punishment;

(a) The point of injury: Article 257 (1) of the Criminal Act (Selection of Imprisonment or imprisonment);

(b) The point of assault: Article 260 (1) of each Criminal Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act (see the above Article 62(2) in light of the circumstances favorable to the defendant)

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc., and Article 62-2(1) of the Act on the Protection, etc. of Probation, etc., it seems that it is not easy to restrain dynamic violent inclinations to his/her own will, taking into account the Defendant’s negligence, character and conduct, surrounding environment, etc., and it is likely that it is difficult to improve the