상해
The defendant's appeal is dismissed.
Before the judgment of the court below in the column of evidence: 1.
1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.
2. As to the reasons for appeal, the following are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the instant crime and reflects his mistake; (b) the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol; (c) the victim does not want to be punished against the Defendant; and (d) the Defendant’s wife complains of and divating the Defendant.
However, the crime of this case was committed under the influence of alcohol by the Defendant, without any reason, and was committed with the victim’s face while breathing breath, and the victim’s face was taken in drinking and several times, and the nature of the crime is not good in light of the circumstances and contents of the crime. In particular, on September 25, 2017, the Ulsan District Court sentenced the Defendant to six months of imprisonment with prison labor for an injury and two years of suspended execution as of October 11 of the same year, which became final and conclusive on September 25, 2017, and again committed the crime of this case, and the Defendant committed the crime of this case, other than the crime of this case, and the Defendant had the records of having been punished several times as a crime related to violence.
In addition, taking into account all the circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, motive and background leading to the instant crime, means and consequence thereof, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure because it is obvious that "1. previous conviction: criminal history of the judgment of the court below was omitted" in the column for the evidence of the judgment below. Thus, it is correct to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.