The judgment of the court below is reversed.

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

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

The main sentence of the appeal is too heavy.

2. The judgment of the Defendant did not merely assault the victim in malicious appraisal due to the infinite relationship, but did not inflict an injury upon the victim who needs to receive approximately 10 weeks of medical treatment on the part of the victim by receiving a wheel chairs fishing from which the Defendant was on board. In light of the motive of the crime, method of the crime, degree of the injury inflicted on the victim, etc., the crime is not good.

The defendant was unable to receive a letter from the injured party.

These points are disadvantageous to the defendant.

On the other hand, the defendant has made a confession of all crimes and has made efforts to recover damage in the first instance.

The defendant has no history of criminal punishment.

These points are favorable to the defendant.

In addition, in full view of all the sentencing conditions shown in the arguments in this case, such as the fact that the defendant is old and is suffering from pinson's disease, and it seems difficult to check the life due to the lack of health conditions, etc., the lower court's punishment is deemed unfair because it is too big.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Re-written judgment] Except for the cases where "1. part of the defendant's legal statement" is used as "1. Defendant's trial testimony" as "the defendant's trial testimony" as stated in the summary of criminal facts and evidence, it is as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260(1) of the Criminal Act regarding criminal facts, Article 257(1) of the Criminal Act (the point of violence), the former part of Article 37 of the Criminal Act, the former part of Article 38(1)2 and Article 50 of the Criminal Act, Article 62(1) of the Suspension of Execution Act (the aggravated punishment for concurrent crimes with severe injury as prescribed by the most serious injury), the reason for reversal of the reason for sentencing under Article 62-2 of the Criminal Act, and all the sentencing shown in the records.