상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing for eight months) by the lower court is too unreasonable.
2. The degree of injury inflicted by the Defendant on the victim is a crime that cannot be easily deemed to be severe.
In addition, considering that the defendant was issued a summary order of KRW 3 million due to the crime of bodily injury similar to the developments and methods immediately before the crime of this case, it is necessary to punish the defendant corresponding thereto.
However, the defendant joined the military and sought to fulfill his duty of military service.
There are extenuating circumstances, such as the fact that the defendant continued to commit a crime from the police to the trial of the political party, that the defendant seems to have been detained for about four months after being detained in the court of original instance, that the defendant seems to have been given an opportunity to reflect his/her wrongness while being detained in the court of original instance for about four months, that the defendant has shown to repent his/her wrongness by submitting several statements of reflectness, and that his/her father and mother and his/her family members, such as his/her father and mother
In addition, after the judgment of the court below was rendered, the victim received a reasonable amount from the defendant's side and expressed his intention not to prosecute the defendant by agreement.
Based on the sentencing precedents of the same kind of case, comprehensively taking account of various circumstances, which are the conditions of sentencing as shown in the records and arguments of this case, including the above main circumstances, the lower court's sentence is deemed unreasonable.
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 with merit.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;