The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment below rendered the above sentence in light of the following circumstances: (a) the victim was diagnosed to the effect that the victim had a ductal and downhead of the wall and carried out a ductal surgery; and (b) the victim was diagnosed to the effect that there may have been symptoms of ductal, scopic, and scopical decline; (c) the degree of injury of the victim was not less easily agreed with the victim; (d) the victim did not agree with the victim; and (e) the victim was not able to recover any damage; and (e) the defendant had a record of being punished for suspended sentence for violent crimes in the past; and (e) the defendant seems to have an attitude that the defendant would have against himself

However, in full view of the favorable circumstances such as the Defendant’s payment of KRW 5 million to the victim after the sentence of the lower judgment, the remaining KRW 4.5 million shall be paid later to the victim and agreed with the Defendant, the Defendant has no record of punishment other than before the 16-year suspended sentence, and the Defendant’s age, sex, environment, circumstances leading to the crime, means and consequence, the scale of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant'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 the defendant's appeal is ruled again as follows.

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

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the determination of the above sentencing);

1. The order of protection observation and community service order under Article 62-2(1) of the Criminal Act, protection observation, etc.