The judgment below

The remainder except the dismissed portion of the application for compensation shall be reversed.

The defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the degree of injury of the victim caused by the instant crime is deemed to be serious, but there is no past and criminal history that the defendant has committed the instant crime, and that the defendant has agreed with the victim in the first instance, and other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below against the defendant is deemed to be too unreasonable, and therefore the defendant's above assertion is reasonable.

3. Accordingly, according to the conclusion, the remainder of the judgment below excluding the rejection portion of the application for compensation among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and this decision is again

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, 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, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;