The judgment of the court below is reversed.

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

1. As to the gist of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court, the Defendant asserts that the punishment is too unreasonable, and the Prosecutor asserts that the punishment is too uneasible and unreasonable.

2. In that the defendant's knife or dispute with the victim caused the knife part of the ship in his knife with knife eight knife to the victim, there is a high need to punish the defendant with severe punishment in that the knife caused the knife to the victim.

However, the defendant shows his attitude against the defendant, and the victim was promptly sent back to the hospital by requesting the person who was immediately immediately after the case to report, and the defendant made efforts to recover damage, such as paying the victim's hospital expenses, and the victim's attempt to punish the defendant, and the victim appears to have attempted to commit the crime in the first place. In addition, considering the defendant's age, character and character, environment, motive, means and consequence of the crime, conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court and the sentencing guidelines of the Sentencing Commission ( even if both the expression of intention not to punish the defendant who is a special master, and the result of bodily injury which is an aggravated element are applied, the recommendation sentence is somewhat excessive to the defendant's punishment.

Therefore, the defendant's argument on unfair sentencing is reasonable, and the prosecutor's argument is without merit.

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 with merit.

【Grounds for the Judgment of the Supreme Court】 The criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act applies.