상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. In light of the fact that the defendant committed the crime of this case during the suspension period of execution for the same crime, the defendant is still unable to be used by the victim, and the defendant has been punished once for the same crime, the crime of this case shall be subject to criticism.
However, in full view of the fact that the defendant's time to commit the crime of this case and reflects the mistake, the degree of injury is difficult to be deemed to be serious due to contingent crimes, and all the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.
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.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. In full view of the relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act, and various sentencing conditions prior to the grounds for sentencing option of imprisonment, the sentence shall be determined as ordered.