상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
The costs of lawsuit by the court below shall be borne by the defendant.
1. The gist of the grounds for appeal is that the punishment (five million won in penalty) set by the court of the original instance as stated in the reasoning of the appeal is too unfilled and unfair.
2. The judgment of the defendant seems to have led to the confession and reflect on the crime, and the victim did not want the punishment of the defendant.
However, the criminal liability of the defendant is not against the law.
The motive for crime is not good because it causes violence while openly probing the vision without any particular reason.
The drinking alcohol at the time of committing a crime shall not be a favorable reason.
There are a number of criminal records and several penalties for the same crime, and fines are seven times in prison and one time in suspension of execution, and one time in prison are imposed.
The punishment should be aggravated, and the punishment is inevitable because the crime was committed within the repeated crime period after the release of the punishment.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances before and after the crime, etc., the lower court’s fine is too unreasonable and its determination is unreasonable.
3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
However, in the first head of the crime, the Defendant was sentenced to the suspension of one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court's Branch on February 28, 2012, and three years of suspension of execution of one year and six months of the community service order and 120 hours of the community service order, and the judgment was finalized on March 7, 2012, and on December 20, 2013.