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 shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The degree of injury inflicted by the defendant to the victim is very heavy that the victim needs to be treated for about 12 weeks, and the defendant's injury to the victim by using shooting technology is not good that the crime is not good.

However, it is favorable to the defendant, such as the fact that the defendant led the crime of this case when he was in the trial, and recognized his mistake, that the victim does not want the punishment of the defendant by agreement with the victim in the trial of the party (the amount of 25 million won) and that the victim's family members and the branch members want to take the lead of the defendant, and that they want to take the measures against the defendant.

Considering the change of circumstances and favorable circumstances that occurred in the trial of the party as above, the sentence of the court below sentenced to one-year imprisonment is too unreasonable.

3. As such, the defendant'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 the judgment below is ruled as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (as examined in the judgment on the grounds for appeal as seen earlier, and as examined below, the positive factors for suspended sentence among the reasons for sentencing are considered)

1. The scope of the recommended sentence prescribed in the sentencing guidelines [the scope of the recommended sentence] and the basic area (from April to one year and six months) of the basic area (the person subject to special sentencing) of the types of general injury in Class 1, which is referred to in the sentencing guidelines for violent crimes: The serious injury.