상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
1. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. The degree of damage, the Defendant’s act of committing the instant crime without having committed a repeated crime is somewhat unreasonable considering the following circumstances: (a) the Defendant committed the instant crime without having committed a repeated crime even during the period of repeated crime; (b) the Defendant’s age, character and conduct, environment, present occupation, motive, means and consequence of the instant crime; and (c) the Defendant’s punishment is somewhat unreasonable in view of various circumstances, which are conditions for sentencing specified in the instant records and pleadings, such as the circumstances after the commission of the crime.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;