상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. On November 3, 2016, the Defendant was sentenced to imprisonment with prison labor for six months on the grounds of the crime of assault and for two years on the grounds of the crime of injury, and committed the instant crime without being subject to the suspended sentence. In light of the content of the instant crime, the Defendant’s tendency, and the history of punishment, the Defendant appears to have an excessive violent tendency without controlling shock, and the risk of recidivism is considerable, and no agreement is reached with the victim, etc. are disadvantageous to the Defendant.
However, the fact that the defendant recognized the crime of this case and reflects it, that the court below had the time of reflection through the life of confinement for about four months after being detained in court at the court below, that the degree of injury is minor, that the defendant committed the crime of this case on a contingent basis attached to the vision while under the influence of alcohol, and that the defendant is elderly and health conditions are not good, etc. are favorable to the defendant.
In addition, in examining the defendant's age, sex, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., all the sentencing conditions and sentencing guidelines (type 1 (general injury) in the area of mitigation (type 1 (class 1 to 10 (class 4) of general injury), and special mitigation factors: minor injury (type 1 to 4) in the area of mitigation (type 1 of general injury), since the sentence imposed by the court below is too unreasonable, the defendant's appeal grounds are justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
【Grounds for another judgment】 The Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court, as stated in the relevant column of the judgment of the court below.