상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The grounds for appeal (unfair punishment) asserts that the Defendant is too unafford by the lower court’s punishment (five months of imprisonment), and that the prosecutor is too unafford and unfair.
2. In light of the circumstances leading up to the instant crime, the Defendant’s age, career, family relation, health status, and time interval between the same criminal punishment and the instant crime, the lower court’s sentence appears to be unreasonable and unreasonable. As such, the Defendant’s assertion on unfair sentencing is reasonable, and the Prosecutor’s assertion on this issue is without merit.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.
(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the ground that the appeal by the defendant is well-grounded, the appeal by the prosecutor shall not be dismissed in separate order).” (Reasons for multi-use judgment) Criminal facts and summary of evidence, the facts constituting an offense recognized by the court and summary of evidence are as stated in the corresponding column of the judgment
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;
1. Article 62 (1) of the Criminal Act;