The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The two-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the instant crime committed by the Defendant was committed by the victim using a knife knife, which is a deadly weapon, as his operating profit has been reduced due to the competitive business operator, etc. operated by the Defendant; (b) the Defendant is highly poor in light of the motive of the crime and the means of the crime; (c) the Defendant was punished for the same crime; (d) it is deemed that the degree of injury to the victim was relatively insignificant, as the degree of injury to the victim requires approximately two weeks medical treatment; and (e) the Defendant is moving from

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, it is against the police station that the defendant would not repeat the crime, and that the defendant deposited 10 million won at the court below, and that the defendant does not want the punishment of the defendant in the court below. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, etc., the sentence imposed by the court below against

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act

1. The conditions favorable to the judgment of Article 62(1) of the Criminal Act are as follows.