상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment became final and conclusive.
1. The sentencing of the court below (one year and six months of imprisonment) is too heavy or unreasonable.
2. The defendant and the prosecutor's arguments are examined together.
However, in light of the fact that the defendant has long committed habitually assaulting family members, and the wife and children of the defendant suffered serious physical or mental pain, and the defendant does not seem to have a true reflectivity in the original trial and has consistently made a vindication, it is necessary to strictly punish the defendant.
However, in light of the fact that the defendant is divided into his own crime in the trial, and it is obvious that his wife and children are sent to his wife and children, and that the defendant's wife and children who are the victims are not punished for the time of the trial and actively wanting to return his wife to society as soon as possible, it is desirable to return the defendant to society.
In addition, considering the defendant's age, character and conduct, family environment, circumstances leading to the crime of this case, and the various sentencing conditions shown in the records and arguments, such as the circumstances before and after the crime, it seems that the sentence imposed by the court below is somewhat inappropriate.
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, and the judgment below is ruled as follows.
Criminal facts
The defendant is the legal marital relationship with the victim C, and the victim D and E are the children of the defendant.
1. On August 14, 2012, on August 14, 2012, the Defendant assaulted the victim’s body by walking the victim’s body, on the ground that the victim C found her source from the front stairs in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and caused her personal injury.
As above, the Defendant continues to assault the victim and to go to the Defendant’s home, Incheon.