폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in eight months) is too unhued and unfair.
2. The lower court rendered the above sentence by taking account of the following favorable circumstances: (a) the Defendant’s continuous violation of the provisional protection order by the court; (b) the Defendant committed assault and intimidation against the victim’s wife and children; (c) even though the nature of the crime is not less and less; (d) the Defendant did not appear to have committed a crime with no tolerance; and (e) the Defendant’s physical and mental health conditions appear to be good due to the age of 83 years; and (e) the Defendant appears to have not good physical and mental health conditions due to the age of 83 years; (e) the degree of the violation of the provisional protection order; and (e) the degree of assault and intimidation; and (e) the Defendant did not have any criminal history since 194.
In the trial, it seems that the health team, victims have been suffering from the domestic violence of the defendant for a long time, and even if the court issued a provisional protective order against the domestic violence of the defendant, the defendant violated it several times, and assaulted and threatened the victims. The nature of the crime is not less narrowly, and the victim C, who is the child of the defendant, wants to escape the defendant's severe punishment, etc., and all of the sentencing conditions such as the defendant's age, character, character, environment, circumstances leading to the crime, means and results, scale of the crime, and circumstances after the crime, etc., it is judged that the punishment imposed by the court below is unfair.
3. In conclusion, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied reasoning of the judgment of the court below] As stated in the corresponding column of criminal facts and the summary of evidence, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;