The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (six months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant’s plastic gambling, which is a dangerous thing, and was inflicted an injury upon the victim by making the victim’s head several times, and the method and quality of the crime are inferior, the criminal records of criminal punishment for the same kind of crime (three times a punishment penalty), and the fact that the Defendant did not agree with the victim is disadvantageous.

However, the fact that the defendant recognized the crime of this case and is against the defendant, the defendant deposited a considerable amount of money (50 million won) for the victim in the trial of the party, and the defendant has no record of criminal punishment heavier than the suspended sentence.

In full view of the above circumstances and all of the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column among the reasoning of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Protective observation and lecture attendance order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Various circumstances that were examined prior to the grounds for sentencing under the proviso of Article 186(1) of the Criminal Procedure Act, which were assessed against the costs of lawsuit.