특수상해등
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for one month with prison labor for the crimes of No. 1 and No. 2.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two months and for eight months) of the lower court is too unreasonable;
2. The judgment of the defendant has repeatedly committed violence against the victim in a marital relationship for about 25 years, and the victim seems to have suffered considerable apprehensions and fears in addition to direct physical damage, and the defendant suffered considerable mental sufferings in addition to the victim's physical damage, and the defendant has suffered bodily harm by tamper with sufficient mind at the time of intack, resulting in an injury by getting the victim's head and turbing the victim's head, leading him/her to the harm, and threatened him/her. The fact that the law and motive of the crime are poor, the defendant committed the crime of this case while he/she was prosecuted due to occupational embezzlement and under criminal trial, and committed the crime of this case on the grounds that the victim sustained domestic violence of the defendant, including the crime of this case, committed the crime of this case on the grounds that he/she sustained domestic violence of the defendant, who was punished several times, and that the defendant has a record of having been punished several times of violence.
On the other hand, it is also recognized that the circumstances favorable to the defendant are also recognized, such as the fact that the defendant committed the crime of this case and reflects the mistake, that the degree of injury suffered by the victim is not serious, that the defendant remitted KRW 4 million to the victim in order to recover from damage to the crime of this case, and that the defendant deposited the victim with repayment of KRW 20 million in the court below, and that the crime Nos. 1 and 2 of the ruling should be determined in consideration of equity in the case where the judgment of conviction became final and conclusive at the same time
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment seems to be somewhat unreasonable.
3. Accordingly, the defendant's appeal on unfair sentencing is accepted.