The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. As to the grounds for appeal, the Defendant and the prosecutor asserts that the lower court’s imprisonment (six months of imprisonment) is too hot or unfased so that it can be deemed unfair.

After putting the victim into the floor as stated in its reasoning, the Defendant taken a variety of faces from the body-to-be scam and scam, and followed about about 57 days of treatment to the victim. In light of the part and degree of the victim's injury, it is not good that the crime is committed.

However, the defendant recognized the crime of this case and is against the law.

The defendant does not want the punishment of the defendant in consultation with the victim in the trial.

The defendant seems to have committed the crime of this case in a contingent manner while drunkly had a friendly dispute with the victim of this case.

A defendant has no criminal punishment for the same kind of crime in the past, nor has he/she have a criminal record exceeding a fine.

In addition, considering all the sentencing conditions in this case, such as the age, character and conduct, family relationship, motive and attitude of the defendant, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

2. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(2) In light of the above legal principles, a prosecutor’s appeal is without merit, and the decision of the court below is without merit, and the decision of the court below is reversed. (3) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the violation of Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so ordered as to the assertion of unfair sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing as set forth below).