특수폭행등
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. Although the liability for the crime of this case committed by using judgment beer than that of this case, in full view of the circumstances favorable to the defendant, such as the fact that two victims and the defendant agreed smoothly after the court below rendered the judgment, and the circumstances that are favorable to the defendant, such as the defendant's primary offender, and the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment sentenced by the court below is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a point of special assault and choice of imprisonment), Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning the crime;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of reduction (the favorable circumstances among the parts on the grounds for appeal in question)
1. The reasons for sentencing under Article 62(1) of the Criminal Act (recognizably considered in favor of the reasons for appeal) shall be determined as set forth in the Disposition, taking into account the various circumstances as seen in the judgment of the reasons for appeal.