상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and one hundred and sixty hours of community service) declared by the court below is too unhued and unreasonable.
2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized, and that there is no record of criminal punishment after 2009.
However, the crime of this case is committed by the defendant, taking the face of the victim by drinking, resulting in an injury by walking the victim's face at several times, and the method of crime is very poor and dangerous.
Furthermore, in light of the degree and condition of the injury, the injured person suffered serious injury on dangerous body parts, such as string and brush, and in light of the degree and condition of the injury, even though it was obvious to cause more severe result, the injured person continued to be punished against the accused due to the lack of efforts to recover the damage.
In addition, even though there are many criminal records of violence including four times of suspended execution, the defendant has committed the same kind of crime again.
In addition, in full view of the various conditions of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, and the sentencing guidelines (6 months to two years from imprisonment) established by the Supreme Court's sentencing committee (the type of imprisonment), which were established by the Supreme Court's sentencing committee, and the types of serious injury (general injury) [the scope of recommended punishment] / [the scope of recommended punishment] / 6 months from June to 2 years (aggravating area) of imprisonment, the sentence imposed by the court below is deemed to be somewhat unast and unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through 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 original judgment, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;