상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case, and convicted the remainder of the facts charged.
Comprehensively taking account of the petition of appeal and the statement of reasons for appeal submitted by the defendant, since the defendant filed an appeal only for the remainder other than the dismissed part of the above public prosecution and did not appeal for the dismissed part of the above public prosecution, the part of the judgment below dismissing the public prosecution shall be excluded from the object
2. The sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.
3. One-time or interference with the victim D's main business operation, such as the fact that the defendant has been sentenced to five times a fine and one-time suspension of execution due to violent crimes, the defendant takes a bath and takes an object under the influence of alcohol, etc., the victim F who restrains it, the victim F's face is taken, and the victim F is walking so that the victim's face is walked, and the victim's injury of four weeks of caution, such as the opening of the right-hand turn on the right-hand side is not good, and the crime is disadvantageous to the defendant.
However, in full view of the following circumstances: (a) the fact that the defendant recognized the crime; (b) the victim was the victim by agreement with the victim, and (c) the victim sought the defendant's wife; and (d) the suspension of execution of the defendant's wife rather than immediately sentenced to a sentence; (b) the order to attend community service and violent treatment lectures once to order the defendant to take a more opportunity to prevent recidivism; and (c) other various circumstances, including the defendant's age, environment, sex behavior, circumstances before and after the crime, and circumstances before and after the crime, which are conditions for sentencing as shown in the records and arguments of this case, are considered unfair since the sentence imposed by the court below is too unreasonable.
4. If so, the defendant's appeal is reasonable. Thus, Article 364 of the Criminal Procedure Act is applicable.