폭력행위등처벌에관한법률위반(상습상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. In regard to the crime of violation of the Punishment of Violences, etc. Act (Habitual injury), the Defendant did not assault the victim G or H, or did not inflict any injury on them, and did not turn off the glass door on the wall door that he was collected to defend the victim from the victims, and it does not turn off the glass door. (ii) With respect to the crime of fraud, such as computer, etc., the Defendant borrowed his mobile phone with G and H’s permission, and paid the small amount of settlement with the victim M who is the mobile phone owner. (iii) The Defendant paid the small amount of settlement with the victim M who is the mobile phone owner.
B. The lower court’s sentence of unreasonable sentencing (one year and ten months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court, the prosecutor examined the defendant's appeal by the court, and the prosecutor applied for changes in indictment with the following contents: "Violation of the Punishment of Violences, etc. Act, Violation of the Punishment of Violences, etc. Act (Habitual Violence), and Violation of the Punishment of Violences, etc. Act (Habitual Injury)," among the name of the defendant, "Violation of the Punishment of Violences, etc. Act (Habitual Injury)," and "Article 2 (1) 3 and 1 of the Punishment of Violences, etc. Act, Article 257 (1), Article 260 (1), and Article 366 of the Criminal Act" among the applicable provisions of the Act, "Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act," and since this court permitted this, the judgment below was no longer maintained.
Under the revised facts charged, the defendant is a person who lives in H and G's house, and the victim M is a parent of G and H's birth.
1. On April 10, 2013, the Defendant: (a) opened the victim M in his/her name at H’s house located in Seo-gu, Seo-gu, Gwangju; and (b) allowed H to be used by the victim M.