1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

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

1. The gist of the grounds for appeal is that of the lower court’s punishment (six months of imprisonment) excessively unreasonable.

2. The crime of this case was committed by the Defendant on the ground that the victim acted against his ship line and acted without a brush, and the victim’s head behind the victim’s head was 1 time, and the victim’s head was blicked. As such, the Defendant had a record of punishment for the same kind of crime, and the Defendant had a record of blicking the human body by using the flick, which is a dangerous object, was disadvantageous in light of the fact that the crime was committed, such as bad quality of the crime is committed.

However, when the defendant was in the trial for the first time, all of the crimes of this case are recognized and against the defendant, the defendant agreed with the victim during the trial for the first time, the victim does not want the punishment of the defendant, sought the defendant's preference, and the defendant is detained for about two months, and there are favorable circumstances, such as the defendant's age, character and conduct, family relation, environment, circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, family relation, circumstances after the crime, etc., are considered unreasonable.

Therefore, the defendant's argument is justified.

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 the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 260 (1) of the Criminal Act;

1. The favorable circumstances among the above part of the judgment under Articles 53 and 55(1)3 of the Criminal Act are the discretionary mitigation.