1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3.Provided, That this judgment has become final and conclusive.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following circumstances: (a) the defendant was punished as a crime of the same kind; (b) although the defendant was unable to reach an agreement with the victim; (c) the defendant was aware of the crime of the instant case and reflects his mistake in depth; and (d) the crime of the instant case was carried out by the defendant due to the fact that the defendant was unable to pay one-month accommodation expenses from the inn where he was administered for a long time from August 201, and there are circumstances to be taken into account in the course of the crime; (d) the degree of injury suffered by the victim is not relatively more severe; (e) the defendant was injured by the victim in the course of fighting his body with the victim; (e) the defendant was unable to reach an aged health condition; and (e) the defendant's age, character, environment, family relationship, and other various circumstances, which form the conditions for sentencing as stated in the instant case, such as the defendant's age, character, family relation, family relationship, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

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