상해등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (unfair punishment for 8 months of imprisonment, 2 years of suspended sentence, 120 hours of community service, 120 hours of sexual violence treatment, domestic violence treatment, and 40 hours of psychological treatment lectures) is too unfasible and unfair.
2. It is reasonable that there are circumstances to consider the Defendant as favorable to the Defendant, such as the fact that the Defendant recognized the Defendant’s mistake and deposited a certain amount (50 million won) for the victim, and that the Defendant’s health is not good due to brain color, etc.
However, at the time when the victim was pregnant, given birth and child care, the defendant carried dangerous objects (excesss) or assaulted him/her with drinking, and suffered serious injury.
The victim seems to have no choice but to be exposed to violent violence as the spouse of the defendant together.
The accused has committed violence before checking whether or not the victim's incompetence is doubtful.
B. The defendant's non-humanistic attitude is revealed in the case of a Intimidation message sent by the defendant to the victim or his parents and a indecent text message.
Considering such circumstances, considering various circumstances as the Defendant’s age, sex, environment, relationship with the victim, period of the crime, and the victim’s intent, the lower court’s sentence is deemed to be unfair and unfair.
Therefore, the prosecutor's improper argument of sentencing is justified.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 260(1) of the Criminal Act (the point of violence) and Article 257(1) of the Criminal Act (the point of violence) of the applicable law as to the facts of crime and the choice of punishment (the injury is the case of injury).