폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.
2. The crime of this case is acknowledged that the crime of this case was committed repeatedly against female victims, interference with the restaurant business with the victim, etc. The defendant is not easy to commit the crime of this case. On July 21, 2003, the defendant was punished by a fine of KRW 500,000 due to the violation of the Punishment of Violences, etc. Act in the Jinwon District Court Jinwon District Court on July 21, 2003; on March 16, 2004, a fine of KRW 300,000; on October 14, 2011, the fine of KRW 500,000 as the crime of interference with business from the Busan District Court's Dong Branch Branch on October 24, 201; the fine of KRW 300,000 as the crime of assault; the same court on December 30, 201, which was sentenced by the crime of interference with business and the crime of assault, etc.
However, considering the following: (a) the Defendant’s act of committing the instant crime is deemed to have aggravated appraisal due to his failure to conduct a restaurant business with the victim’s restaurant business; and (b) the circumstances leading up to the aggravation of appraisal; (c) the Defendant agreed with the victim for the first time in the trial; (d) the Defendant recognized all the instant crime; (e) the Defendant’s health is not good; and (e) the Defendant’s age, environment, family relationship, occupation, etc., the sentence of the lower court sentenced to the Defendant is heavy.
Therefore, the defendant's above assertion is justified.
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 Articles of the Act and punishment concerning the facts constituting the crime;