폭행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended execution in four months of imprisonment, one year of community service order) is too uneased and unreasonable.
2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.
Unfavorable circumstances: Crimes of this case are inferior to the nature of crimes.
Defendants have many criminal records of violence.
It has not been agreed with the victim and the family members of the victim and the victim want to severely punish the defendant.
In full view of the following factors: (a) the Defendant’s age and character environment, including the above favorable circumstances, the relation to the victim, the motive and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of the instant case; and (b) the scope of the recommended punishment in the sentencing guidelines (two months to ten months) / [the scope of the recommended punishment] in the basic area (two months to ten months) (no person subject to special sentencing) of the crime of assault (two months to ten months), the sentence imposed by the lower court is deemed to be too uneasy and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
【Grounds for another judgment】 Since the facts constituting a crime and the summary of evidence are identical to each corresponding part of the judgment of the court below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in determining the grounds for the above appeal);
1. In determining the grounds for appeal for the above reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of various sentencing and the scope of recommended sentences according to sentencing guidelines shall be comprehensively determined as ordered by the order.