폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. Determination of the gist of the grounds for appeal (or unjust punishment) and the amount of punishment (or two years of suspension of execution, probation, and 40 hours of an order to attend a course for six months of imprisonment) is unreasonable;
2. The sentence imposed by the lower court is within the scope of the applicable sentences and the recommended sentencing criteria (from June to February 10).
However, the appellate court did not reflect the circumstances agreed with the victim of insult in the appellate court.
In addition, the sentencing factors, such as the power of crime, the circumstances of the case, and the attitude of crime, are re-examineed, the sentencing of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of punishment (the point of violence, the choice of imprisonment), Article 311 of the Criminal Act, Article 141 (1) of the Criminal Act (the point of damage to public goods and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;