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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The judgment of this case is that the defendant was suffering from an empty alcohol disease and the victim He was fested with an assault by the victim I, such as the victim I's eyebrow to tear. In light of the tools used in the violence, motive of the crime, degree of damage, etc., the nature of the crime is light.

It does not seem that it does not appear.

However, in light of the fact that the victim H expressed his intention not to punish the defendant when he was in the trial, that the victim I expressed his intention not to punish the defendant at the investigative agency, that the defendant paid the victim H with the money in the name of agreement and appears to have been partly restored to damage by paying the victim H, that the defendant did not have any record of being punished for the same crime, that there was no record of being sentenced to suspension of qualification or a heavier punishment, and that there was no record of being sentenced to suspension of qualification or a heavier punishment, and all other sentencing circumstances, such as the defendant's age, sex, family relationship, motive, means and consequence of the crime, etc., the sentence imposed

Defendant’s assertion is with merit.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's argument that the sentencing of the defendant is unfair is reasonable, and the judgment below is ruled again after pleading

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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