The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. The Defendant continued to use the victim from the stairs to receive injury requiring four weeks' medical treatment, and further, continued assault by breaking the victim's head. In light of the degree, risk, etc. of the use of violence, the crime is not good.

Moreover, the Defendant is not aware of the history of criminal punishment several times due to the same crime, and the possibility of criticism is greater than that of recidivism as above.

This is disadvantageous to the defendant.

However, the defendant recognizes and reflects the crime.

In the first instance, the victim agreed to have only the victim and the victim expressed his intention not to punish the defendant in this court.

There is no record of criminal punishment exceeding a fine.

This is the circumstances favorable to the defendant.

Considering the above circumstances comprehensively taking into account the defendant's age, character and conduct, environment, background leading to the crime, and circumstances after the crime, various sentencing conditions specified in the arguments in this case, it is deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting the offense and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;