The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court’s sentencing is unreasonable.

2. The crime of this case is determined by the following: (a) the knife, which is a dangerous object due to the Defendant’s difficulty in understanding the victim’s knife and intimidation the victim; and (b) the crime’s liability is not easy in light of the circumstances leading up to the crime and the risk of leading up

The defendant has a variety of same power.

The victim was not able to receive any conviction from the victim.

However, the defendant recognized his mistake and is in depth divided.

The last criminal records of the defendant are about 12 years before now, 2008.

The defendant deposited KRW 1 million for the victim in the first instance.

The instant crime is highly likely to result from the Defendant’s wrong drinking habits, and the Defendant currently received alcohol addiction treatment and expressed active treatment intent.

In addition, in full view of all the sentencing conditions in this case, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is considered to be too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Prior to the reasons for sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account all the factors of sentencing as examined in the judgment on the grounds for appeal by the defendant.