상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) of the lower court is too unreasonable.
2. In full view of the following circumstances: (a) the degree of injury to the victim was serious; (b) the victim appears to have been suffering from considerable after childbirth; (c) the Defendant recognized the crime of this case and divided the Defendant; (d) the victim was also liable for the occurrence of the crime of this case and damage; and (e) the victim was also injured; (c) the victim did not want to be punished by the agreement by paying KRW 32 million; and (d) the Defendant was the primary offender; and (e) the circumstances after the crime of this case; and (e) the Defendant was the primary offender; and (e) the sentencing conditions in the records and arguments of this case, such as the Defendant’s age-oriented environment.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;