The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment defendant had previously been punished for the same crime, and the crime of this case was committed by the defendant without discrimination on the ground that the victim did not speak in the process of dispute with the female-friendly Gu, and the nature of the crime is very poor, and the degree of injury of the victim is relatively more severe, and it is necessary to strictly punish the defendant when considering not only the degree of injury of the victim but also the fact that the victim did not receive a letter from the victim until now.

On the other hand, however, the defendant led to the crime of this case, has an opportunity to reflect on the victim's living through confinement for a certain period of time, and even though there is a very economic difficulty, he deposited 50,000 won for the victim in the trial at the time of this case, and was deemed to have committed contingent crimes because he did not regulate the appraisal at the time of this case. Thus, it is necessary to provide an opportunity not to repeat again through social service, violent treatment and psychological lectures, instead of suspending the execution of the sentence only once.

In full view of other circumstances, such as the Defendant’s age, sex, intelligence and environment, motive, background, means, methods and results of the crime, criminal records, and the circumstances before and after the crime, the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the above unfair argument of sentencing by the defendant and his defense counsel is with merit, and the prosecutor's above argument of sentencing is without merit.

3. Thus, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading (as long as the judgment of the court below is accepted and the judgment of the court below is reversed, the prosecutor's appeal is separately