The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two 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 fact that the degree of injury suffered by the victim due to the instant crime was not less severe and that the victim did not reach an agreement with the victim, and that the victim continues to request a severe punishment against the defendant until the trial is in progress is disadvantageous.

However, the defendant has been sentenced to a minor fine for a long time in the same kind of violent crime and is against a person who has no record of punishment, and the defendant has made efforts to communicate with the victim several times through her family members and to express his/her will with him/her, etc. In the trial, he/she deposited 15 million won more than the amount of damages such as the medical expenses calculated and demanded by the victim and the lost income. At the time of this case, at the time of this case, the defendant was subject to a divorce from his/her own house and was under severe mental stress with his/her wife, and is punished for a verbal dispute with the victim.

In full view of the circumstances in which the Defendant committed the instant crime by contingently, the Defendant’s family members as well as the Defendant’s friendship as well as the Defendant’s family members are trying to make a compromise with the victim, and other conditions of sentencing as shown in the record, such as the Defendant’s age, character and conduct, and environment, the sentence of the lower court that sentenced to punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 of the Punishment of Violences, etc. Act concerning a crime;