The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (three years of suspended sentence in one year and six months) to the summary of the grounds for appeal is too unreasonable;

2. Examining the judgment on the grounds of appeal by the defendant ex officio prior to the judgment, the part concerning the violation of the Road Traffic Act among the facts charged in this case is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the F’s agreement (the trial record 55 pages) with the F, the victim F expressed his/her wish not to punish the defendant on April 4, 2014, which is after the prosecution of this case. Thus, the court below dismissed this part of the indictment pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, but sentenced him/her guilty of the facts charged, which affected the conclusion of the judgment.

In addition, since the above facts charged and the remaining facts charged constitute concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced for the remaining portions except for the portions determined as rejection of prosecution as above. Thus, the judgment of the court below shall be reversed ex officio.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again reversed and it is so decided as follows.

Criminal facts

[2013 Highest 1045]

1. On April 24, 2013, at around 05:00, the Defendant assaulted the victim’s face face part with a cell phone on the ground that the victim D driven by the victim D while driving the road located in C, due to the influence of alcohol, the victim returned to the remote distance, etc., and committed an assault on the part of the victim for about 10 days in need of medical treatment.