특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service hours of 160 hours) is too unreasonable.
2. The crime of this case committed with golf loans, which is a dangerous thing for the victim D to pay off the money, thereby causing bodily injury to the victim. The crime of this case was committed with bodily injury to the victim E, i.e., the victim E, walking the chest of the victim E, and thereby causing bodily injury to the cage of the cage of the cage of the cage of the cage of the cage of the cage of the cage of the cage of the cage of the cage.
However, under the influence of alcohol, the Defendant appears to have committed the instant crime, agreed with the victims smoothly, and there is no record of punishment exceeding the fine.
In particular, the defendant seems to be difficult to properly implement the community service order when it is imposed on the defendant because it is not good to the present health due to the light of alcohol between alcohol and the merger witness's alcohol ton, cryposis due to cryposis, and so on, it is difficult for the defendant to properly implement the order.
In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed unfair.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the relevant column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Articles 358-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 257 (1) of the Criminal Act (a point of injury) of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
1. The Criminal Act for mitigation of quantity;