특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the purport of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) and the fact that the defendant recognized the error and reflected, and the victim expressed his intention that he does not want the punishment by receiving compensation for damage, the sentence of the court below that sentenced the ten-month imprisonment is too unreasonable.
2. In full view of the following facts: (a) the Defendant recognized the mistake of the Defendant; (b) the victim expressed his/her intention that he/she would not want the punishment for the Defendant after receiving compensation for damage; and (c) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (d) the circumstances of all the sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is unreasonable and unreasonable. Therefore, the above argument is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;