The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. As to the summary of the grounds for appeal, the prosecutor asserts that the defendant's imprisonment (ten months of imprisonment) declared by the court below is too unhued and unreasonable, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In light of the following circumstances: (a) the Defendant is led to confession, is against the nature of the Defendant, and (b) the Defendant deposited KRW 1.2 million at the lower court for the victim; (c) however, the Defendant’s act of assault without any reason is not good; (d) the victim is still under mental treatment; and (e) the victim does not go beyond the shock arising from the instant case; and (e) the Defendant’s punishment is sought; and (e) other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., are somewhat minor.

Therefore, the prosecutor's argument pointing this out is with merit, and the defendant's argument is without merit.

3. As such, the prosecutor'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.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal by the defendant is groundless, but the judgment of the court below is reversed by accepting the prosecutor’s appeal, and thus, it shall not be separately declared in the text of the judgment below.”

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;