The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the degree of injury to the victim is relatively heavy, the need for a strict punishment for the defendant in light of the fact that the victim did not agree with the victim, etc.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) deemed to have committed the instant crime by drinking alcohol and contingently; (c) the Defendant deposited KRW 2 million in the victim’s trial; (d) the Defendant did not have any other penalty power in addition to a fine once; and (e) other various sentencing conditions and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the previous accused);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous period of consideration for the defendant);