The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not good and the degree of the victim’s injury is not less than that of the instant crime, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant has already divided his mistake in depth, that the defendant agreed with the victim, that the same criminal record of the defendant has long been used, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument in this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;