상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the lower court (eight months of imprisonment), and that the prosecutor is too unfased and unfair.
2. The judgment of the accused has only one history of punishment for violent crimes, and there is a need to strictly punish the accused on the basis of the degree of damage caused by the injury, such as the victim's vertll, bones, internal and lower walls, multiple damage to the right blue, and blue blue damage.
However, the defendant recognized the crime of this case, and the victim is paid KRW 10 million to the victim under the pretext of agreement in the trial of the party, and the above victim does not want the punishment of the defendant under the agreement with the victim.
In full view of the fact that the defendant has an opportunity to reflect on the defendant's living in close custody for three months, and other circumstances that include the defendant's age, criminal records (4 times a penalty), circumstances leading to the occurrence of this case, and family relations, the punishment sentenced by the court below is unreasonable.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the relevant Act concerning the facts constituting an offense, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] of Type 1 (General Bodily mitigated Persons] and the area of mitigated punishment (the scope of the recommended punishment between February and one year);
2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.