The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and one year and six months) of the lower court is unreasonable.

2. Determination

A. It is recognized that the extent of damage is serious, such as the victim's injury caused by the victim's face while leaving the victim's face, and the victim's injury should not only be caused by the feling operation, but also by the sex surgery, and that the circumstance of the crime of this case was feled by the defendant's burging the victim's burging in the drinking place on the ground that the defendant was furging the atmosphere, so

However, considering the following circumstances: (a) the Defendant was the first offender and the Defendant’s confession to commit the instant crime; (b) the Defendant is the most supported by his wife and children; (c) the Defendant agreed to pay KRW 35 million to the victim in the first instance trial; and (d) other circumstances that are conditions for sentencing, such as the character and conduct, means and methods of the Defendant, and the circumstances after the commission of the instant crime, the sentence of the lower court is somewhat unreasonable.

B. Therefore, the defendant's assertion is justified.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);