상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.
2. Although there exist unfavorable circumstances such as the fact that the defendant again committed the instant crime even though there are several violences, and that the victims' damage has not been recovered at all, the defendant has been divided into a four-month prison life, and is in profoundly against the defendant's depth, and it is hard to prevent the same mistake again, and at the present time, it seems more appropriate to ensure the prevention of recidivism by treating the defendant in society, such as probation, violent therapy, and lecture attendance order for a considerable period of time than being detained in the correctional institution for a considerable period of time, and by taking into account all other circumstances, including the defendant's age, character and behavior, living environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the defendant's punishment imposed by the court below is somewhat inappropriate, and thus, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the criminal facts;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (each crime of obstruction of the performance of official duties, each of the crimes of injury, and punishment provided for the most severe injury).