1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended execution, and forty hours of community service order) is too unreasonable.

2. The judgment of the defendant is recognized that the criminal records already punished for the crime of bodily injury include five times of punishment, including three times of punishment, and the other 22 times of punishment including three times of punishment, and that of this case, the defendant suffered bodily injury by considering the head of the victim who is female, and that the crime is not bad.

However, it is also recognized that the defendant recognized the crime of this case, and deposited 3 million won to the victim in the court below, and that the victim paid 2 million won to the victim in the court below.

In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the punishment sentenced by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted 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. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;