The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant of misunderstanding of facts does not tell himself of his finger, and there is no enemy who threatened the victim E.

B. The sentence imposed by the lower court (two years of suspended execution for one year of imprisonment, confiscation, and community service order 120 hours) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, including the statement of the victim and the victim F and G, the main owner of the restaurant, etc., the defendant's assertion of mistake of facts can be sufficiently recognized, since the defendant's assertion of mistake of facts is insufficient to recognize the fact that "I will see this person's death...................., the victim's injury," and the defendant's assertion of mistake of facts is without merit, since it is sufficiently recognized that "I will see............ of the victim's injury."

B. Although the Defendant denies the instant crime against the allegation of unfair sentencing, the Defendant may have the same criminal records as the Defendant committed the instant crime, the Defendant is a contingent crime and did not cause any other damage except intimidation due to the instant crime, the Defendant’s economic situation is not good, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all the sentencing conditions indicated in the record, including the circumstances after the crime, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied 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 of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Act on the Punishment of Violences, etc. against Criminal Facts;