The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case is that the Defendant’s crime of this case, which is a dangerous thing, inflicted an injury on the victim, such as an internal flac, heat, etc. requiring medical treatment for about 28 days, with respect to the crime method and the degree of damage, and the liability for the crime is not minor.

However, in full view of the following factors: (a) the Defendant’s mistake was seriously reflected in the Defendant’s life in custody for a period of two months; (b) the victim did not want the Defendant to be punished; (c) the Defendant did not want to be punished; and (d) the Defendant’s family members did not have any criminal records or records of the same kind of crime; (c) the Defendant’s wife against the Defendant; and (d) the Defendant’s age, character and conduct and environment; (e) the motive of the offense; and (e) the sentencing factors indicated in the proceedings of the instant pleading, such as the Defendant’

Therefore, the defendant's argument is justified.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 6 of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment below, and thus, they are quoted as it is 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. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. The sentencing factors prior to the sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act shall be determined as per the text.