The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the defendant inflicted an injury on the victim's chest by a knife knife, which is a dangerous thing. The victim suffered an operation on the chest by suffering about about 20 cm from a window exceeding 20 cm on the chest, etc., which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime and reflects it, and that the victim does not want the punishment by mutual consent with the victim, and that the victim does not have the same criminal power, etc. are favorable circumstances.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the age, character and conduct, and environment of the Defendant, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;