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 three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, such as the fact that the Defendant could have suffered serious injury to the victim due to a alcohol disease, which is a dangerous thing, and that the Defendant had been punished several times due to the same kind of crime, and in particular, the Defendant committed the crime of this case since two months have not passed after the grace period was sentenced to imprisonment with prison labor for one year and six months due to the same kind of crime in 2010 and three months have not elapsed since the expiration of the grace period.

However, in full view of the fact that the degree of injury of the victim is not much severe, the fact that the defendant agreed with the victim in the trial of the trial, the fact that the defendant is against the victim's wrong, etc., considering the circumstances favorable to the defendant, and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, 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.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

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;

2. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account circumstances, etc. favorable to the accused, which are incurred in the grounds for reversal);

3. Suspension of execution under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances, etc. for the defendant incurred in the grounds for reversal);

4. The criminal defendant under Article 62-2 of the Probation Criminal Act has been punished several times for the same kind of crime;