The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The Defendant’s liability for the crime is not weak in that the Defendant used violence repeatedly against the victim, who was the lead of the Defendant, and the level of the Defendant’s assault or the degree of the victim’s injury is serious.

However, the Defendant paid each of the victims KRW 10 million in the original trial and KRW 10 million in the original trial.

The defendant has been living in prison for a certain period of time against the defendant.

There is no criminal record who has been punished for violence-related crimes or sentenced to a fine exceeding that of a fine.

In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat heavy.

The decision is judged.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (a point of special assault) concerning the crime, Article 260(1) of the Criminal Act (a point of assault) and Article 260 of the Criminal Act, Article 257(1) of the Criminal Act (a point of assault) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. The scope of applicable sentences under the law on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order: The scope of recommended sentences according to the sentencing guidelines for not more than ten years and six months;