The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant did not look at the victim as stated in the facts charged.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly examined by the court below regarding the assertion of mistake of facts, i.e., (i) A who observed the situation at the time stated to the effect that the victim was teared and discarded when the defendant drinking or drinking the victim; and (ii) immediately after the occurrence of the case, the 112 Reporting Report List as well as the 112 Reporting Report Report, which was received, stated that the victim was injured by considering the victim as stated in the facts charged, can be sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing, considering the circumstances unfavorable to the Defendant, such as the fact that the Defendant has been punished several times as violent crimes, and the degree of injury inflicted on the victim, etc., but considering the circumstance favorable to the Defendant, such as the fact that the Defendant and the victim expressed their intent not to have the Defendant punished (it refers to the recognition of the authenticity of the written agreement favorable to the Defendant), etc., the lower court’s punishment is deemed unreasonable.

Therefore, this part of the defendant's argument is justified.

3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the entries in each corresponding column of the judgment of the court below. Thus, it is decided to cite them as they are in accordance with Article 369 of the

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;