상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. The lower court sentenced the dismissal of prosecution on the charge of assault and intimidation among the facts charged in the instant case, and sentenced the remainder of the facts charged.
Since the defendant appealed only for the guilty part, and the part of the dismissal of the above dismissal of the public prosecution is separated or finalized, the above dismissal of the public prosecution shall be excluded from the scope of
2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. The defendant's liability for the crime of this case is heavy in light of the fact that the crime of this case is not good in light of its details and methods, and that there are many criminal offenses against the defendant.
However, in full view of all the sentencing conditions in this case, including the defendant's age, character and conduct, motive and attitude of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable, considering that the defendant's mistake is recognized, the degree of injury of the victim is not significantly excessive, the defendant's payment of the amount corresponding to the victim, the victim does not want the punishment against the defendant by mutual consent with the victim, and there is no record of punishment exceeding the fine since 2012.
4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the following judgment is rendered again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. It is so ordered as per Disposition on the grounds of the relevant Article of the Criminal Act, Article 257(1) of the Criminal Act, the grounds for sentencing of imprisonment with prison labor, as seen in the judgment on the grounds for appeal.