상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. In light of the fact that the defendant led to the confession of the crime of this case in the police investigation, the defendant did not make any effort to recover damage even when the defendant inflicted an injury on the victim requiring eight weeks of medical treatment, and the fact that the defendant did not appear in the prosecutor's office to notify the residence of change from the prosecutor to the court below despite being aware of the fact that the criminal case was in progress due to the charge of this case, and the attitude after the crime is extremely poor, such as failing to notify the residence of change, etc., the sentence imposed by the court below is somewhat uneasible and unfair, so the prosecutor's improper argument
3. In conclusion, the prosecutor'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 it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;
1. Article 257 (1) of the Criminal Act: 1 month to 7 years in general, the scope of the recommended punishment [the types of punishment] on the sentencing criteria; - Type 1 (the person subject to special sentencing] (the person subject to special sentencing] - the area of aggravation [the scope of the recommended punishment] 6 months to 2 years [the scope of the recommended punishment]: the statutory penalty under Article 257 (1) of the Criminal Act:
2. Prior to the decision on the grounds of appeal, the decision shall be made in full view of the favorable circumstances and unfavorable circumstances in the judgment on the grounds of appeal.