The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. In the judgment, the crime of this case is an unfavorable circumstance to the defendant, such as: (a) assault is imposed on a young student; (b) the result of the bodily injury is bad; and (c) the defendant has experience in the same kind of crime.

However, the degree of assault by the defendant is relatively minor and the result of injury is that the victim B suffers from a railing about to flee, the defendant shows the attitude of recognizing and opposing the facts charged, the defendant has no career of a fine or more than a fine, and the defendant was not present at the court below because his residence was not revealed, and the defendant was not present at the court below and was not present at the court, and the defendant's age, sex, behavior, environment, motive, background, means and consequence of the crime, and the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, are too unreasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “the defendant’s oral statement” to the summary of the evidence in the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 262, 260 (1) (the fact of causing violence, selection of punishment by imprisonment) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence, the selection of punishment by imprisonment, and the selection of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) and 38 (2) and 50 of the said Act for the increase of concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as stated in the judgment of the court below.