상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (six months of imprisonment) is too unreasonable.
2. The defendant's criminal liability, which was neglected due to the disorder of assaulting a dynamic student who was in force of judgment, shall not be less than strawe;
The victim seems to have suffered considerable physical or mental pain due to the defendant.
However, when the defendant was in the first instance, it seems that the defendant led to the confession and reflect on the crime, and the injured person in the trial did not want the punishment of the defendant.
There is no criminal history and there is no record of juvenile protection.
It is expected that the family appeals to the preference of the family and the family's strict and strict guidance will be followed.
In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.
3. As such, the grounds for appeal by the defendant are reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 260(1) of the Criminal Act; the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;
1. The proviso to Article 186 (1) of the Criminal Procedure Act;