폭력행위등처벌에관한법률위반(상습상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The crime of this case is a fact that the crime of this case is very serious in light of the psychological and emotional adverse effects that the defendant habitually assaulted children who are children and inflicted bodily harm on the victim.
However, the defendant recognized a crime and was sentenced to a fine of 200,000 won in depth, and the defendant did not have a criminal record for a crime since he was sentenced to a fine of 200,000 won in around 201, and it seems that the possibility of re-offending is low, such as that the guardian of the victim was changed from the defendant to his former wife, etc. The degree of injury suffered by the victim is relatively minor and at least it seems that there is no physical legacy due to the crime. The defendant deposited 5 million won during the trial of the court below for the victim, and deposited 5 million won during the trial of the court below for the victim, and deposited 10,000 won during the trial, the wife of the defendant was scheduled to give birth, and other various sentencing conditions such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, and circumstances after the crime, etc. are considered, it is unfair to deem the punishment of the
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act by combining the relevant provisions of the Act on the Punishment of Violences, etc.;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;