폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Although it is recognized that the Defendant had a majority of the previous criminal records of the instant crime, and that the Defendant committed the instant crime during the suspended execution period, considering the fact that the said victim did not want the punishment of the Defendant by mutual consent with the victimJ at the time of the trial, the Defendant recognized the Defendant’s mistake and reflects the Defendant’s age, sexual and sexual behavior, environment, motive, means and consequence of the crime, and other various circumstances, which form the conditions of sentencing as shown in the record, such as the Defendant’s age, sexual behavior and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the lower court’s punishment seems to be too unreasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;