The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal by the defendant is that the sentence of the court below (one month of imprisonment) is too unreasonable, and the summary of the grounds for appeal by the public prosecutor is unreasonable because the above sentence is too uneasible.

2. In light of the form, place, etc. of the instant crime, the nature of the crime is not good, and the degree of injury of the victim F is not weak, and the defendant disputes over the background of the crime. However, the facts of the instant crime are confessioned, the victim cannot be viewed as not responsible for inducing the crime, such as referring to the criminal record of the defendant in the process of punishing the defendant under the influence of alcohol, and the victim cannot be viewed as not responsible for inducing the crime. The defendant paid 650,000 won of the medical expenses of the victim on the day of the crime. The court below deposited 1.1 million won at the trial of the victim, 5 million won at the trial of the court of the first instance, 5,000 won of the defendant deposited at the court of the first instance, 5,000 won of the criminal defendant deposited at the court of the first instance, and 5,000 won of the punishment other than the punishment imposed once by the defendant's age

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the facts and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;