The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case was committed by the victim with an injury, such as an open upper part of the wall with a shouldered main disease, etc., of the victim, and the nature of the crime is considerably good in the relevant methods, etc.

The defendant did not appear in the court even after being contacted by telephone and police at the court below.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant submitted a written statement that the victim would not want the punishment of the defendant in the trial.

The defendant is the first offender.

The sentencing guidelines are not set with respect to all kinds of special injury crimes of sentencing conditions, including the above unfavorable circumstances, favorable circumstances, the defendant's age, character and character environment, relationship with victims, motive means of crime, results of crime, circumstances after crime, etc., and the records.

In full view of the above, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding part of the judgment of the court below, except for addition of “the defendant’s oral statement” to the summary of evidence. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of reduction (the consideration of the favorable circumstances as seen above in the judgment on the grounds for appeal);

1. Article 62(1) of the Criminal Act (the foregoing.)