The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unfilled and unreasonable.

2. The fact that the defendant shows an attitude against the defendant's wrongness is favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant in the course of execution of punishment for other cases by selling another prisoner in prison with his hand and appearance, and committing an injury requiring approximately four weeks of medical treatment, such as cutting the body of the inner wall, cutting the bones of the bones, and cutting the body of the body, etc. of the victim. In light of the contents of the crime, the circumstances of the crime, and the degree of the victim's injury, etc., the criminal liability is heavy, and the defendant is more likely to be subject to criticism as committing the crime of this case at the same time in a situation where he is serving a separate crime, and the defendant has a criminal punishment history, including a large number of criminal records, as well as criminal records.

There has been no agreement with the victim until now or no damage has been recovered.

Considering the above conditions favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is too uneasible.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor'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 it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. As seen in the above argument, the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding criminal facts, and Article 257(1) of the Criminal Act, and the reasons for sentencing of imprisonment with prison labor shall be determined as stated in the Disposition.