상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The judgment of the court below is that the defendant, by assaulting the victim's wife at his own discretion, inflicted bodily injury, such as cerebral cerebral cerebrovassis which requires a ten-day medical treatment, and the nature of the crime was not good. According to the evidence records, the defendant had used violence against the victim even before the times. The police officer dispatched to the site at the time of the instant case at the time, "It is natural that he would have the wind until the time of the death."
It is inevitable to sentence a criminal defendant to the contrary, taking into account that there is a concern about recidivism after release.
However, in full view of the fact that the defendant appears to have an attitude to recognize and reflect the crime, that the victim and the victim directly appeared in the court of the original instance and appeared in the workplace, and that they stated that they want to take the action against the defendant, that the defendant and the victim want to take the action against the defendant, that there is no record of punishment exceeding the fine, and all other sentencing factors in the argument of this case, the court below's punishment is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Determination of the grounds for appeal prior to the grounds for sentencing of imprisonment, prior to the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, and Article 257 of the Criminal Act regarding the choice of punishment