The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. According to the fact that the victim suffered severe injury, the defendant has been punished several times for the same kind of crime, and the crime of this case was committed during the period of repeated crime, etc., it is reasonable to impose strict punishment on the defendant. However, it is also acknowledged that the defendant has committed the crime of this case, and that the victim does not want the punishment of the defendant by agreement with the victim in the appellate trial.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.

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 reasonable, and the judgment below is reversed and it is ruled again as follows

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;