상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The crime of this case is merely a case where, on the ground that one's own flag is bad, an injured person was committed, and the nature of the crime is very bad, and the victim suffered a very serious injury that requires treatment between seven weeks due to the violence of the defendant, and the degree of the illegality is very significant. Considering such unfavorable circumstances, the sentence of sentence against the defendant is inevitable.
However, in full view of all other factors such as the defendant's age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate and unfair, taking into account the following factors: (a) the defendant has reached an agreement with the victim at the time of the trial; (b) the victim prepared and submitted a written application for coal requesting the defendant's wife in addition to the agreement; and (c) the defendant was the first offender and the defendant was late after the case, and his mistake has been divided in depth; and (d) the defendant's age, sex, environment, and circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;
1. The scope of the recommended sentence prescribed in the sentencing guidelines [the scope of the recommended sentence] the scope of the sentencing guidelines for violent crimes [the scope of the recommended sentence] [the sentencing guidelines for general bodily injuries of category 1] and the area of the aggravation (6 months to 2 years] [the person subject to special sentencing] mitigation factors: The heavy injury and criticism factors: 2.