상해등
The judgment below
The remainder, excluding the part of the application for compensation order, shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The crime of this case committed by the defendant, who is the main owner of the victim C prior to being sentenced to a fine prior to being reported by the victim C, is an injury requiring to be treated for about four weeks in consideration of the victim's face when he/she was sentenced to a fine, and when he/she was able to report to the police, the crime of this case was committed against the victim, who is an employee of the age club, as a beer, which is an object dangerous to the head of the victim H, and the crime is bad, and the defendant committed the offense of insult and the damage to property at the main place operated by the victim C twice in the past two times, and there is a record of having been punished several times due to the same violence, etc., against the defendant.
On the other hand, in full view of the circumstances favorable to the defendant, such as the fact that the defendant had committed a crime in the first instance court, the defendant agreed with the victim H, and that the defendant compensated the victim C for medical expenses according to the compensation order issued by the court below in the first instance court, and other circumstances that are conditions for sentencing as shown in the sentencing hearing process of the court below, such as the defendant's age, sex, sex, environment, degree of damage, motive, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable.
Therefore, the defendant's and defense counsel's 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, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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 Articles of the Act and the choice of punishment concerning the facts constituting the crime;