상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The instant crime on the grounds of appeal is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant thought that the taxi driver would have led to bypassing the destination of a private taxi driver; (b) assaulted the victim to have inflicted an injury in need of medical treatment for about 42 days; (c) the degree of injury was serious; (d) the Defendant was sentenced one time to a fine due to the obstruction of performance of official duties around around 2017; and (e) the Defendant’s criminal history, inclination, and details of the offense, given the consideration of the Defendant’s punishment history, career, and criminal conduct, the Defendant appears to have a tendency to
However, the fact that the Defendant recognized the instant crime and is in profoundly against the Defendant’s depth, that the Defendant agreed to pay KRW 3 million to the victim in the trial, that the Defendant and the victim committed the instant crime during a physical fighting, that the Defendant and the victim made efforts to improve their personality and behavior by using drugs and interview treatment for treatment, such as alcohol dependence, etc.
In addition, in examining the defendant's age, sex, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., all the sentencing conditions and sentencing guidelines (type 1 (general injury) in the basic area (type 1 (1) to 6) (type 1 (general injury) of the basic area (type 1) of the defendant's age, sex, intelligence, environment, motive, means and result of the crime, circumstances after the crime, etc., and the sentencing guidelines (type 1 to 4): the defendant's sentence imposed by the court below is too unreasonable, since the defendant's appeal grounds are justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, as well as relevant facts.