상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The defendant's appeal against the judgment of the court below of the second instance.
1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (the first instance court: imprisonment with prison labor for one year, and the second instance court: the fine of four million won) is too unreasonable.
2. Determination
A. The Defendant filed each appeal against the judgment below, and this court decided to consolidate each of the above appeals cases, but the judgment of the court below is different from each other, and thus, the judgment of the court below is not reversed ex officio on the ground that the combined proceedings are conducted.
B. We examine the judgment of the court of first instance regarding the unfair argument of sentencing on the judgment of the court below, the defendant tried to reduce the case at the investigative agency, and the defendant was absent on the date of questioning the suspect before detention and escaped, and the court below also tried to transfer his responsibility to the victim, and the defendant was sentenced several times to the court of first instance. Although there are unfavorable reasons for sentencing, such as the crime of this case was committed in the court of first instance, although there are many criminal records and the defendant was sentenced several times, there are favorable reasons for sentencing, such as the confession of the crime in the court of first instance and the fact that the defendant is against himself, and when the court of first instance reached an agreement with the victim, the defendant's age, family relation, economic situation, circumstances leading to the crime, motive and motive leading to the crime of this case, and all other matters concerning the sentencing as expressed in the records and changes theory of this case, the defendant's argument is justified.
B. We examine the judgment of the court below of the second instance regarding the unfair argument of sentencing, and there are favorable grounds for sentencing such as the defendant's confession of the crime and the fact that there is no record of the same kind of crime. However, in full view of the reasons for unfavorable sentencing, the defendant's age, family relation, economic situation, background and motive leading to the crime, and all other matters concerning the sentencing as indicated in the records and changes in the records of this case, the judgment of the court below of second instance is judged to be appropriate, and the defendant's argument is without merit, since there is no change of circumstance to consider additionally in the trial of the court below.