폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The ten-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. Although there are various circumstances that cannot be easily viewed as the nature of the crime of this case or its possibility of criticism, such as the fact that the victim of the crime of this case suffered serious injury due to the crime of this case, the defendant was sentenced to a punishment more than 10 times due to violence-related crimes, etc., the crime of this case is not subject to punishment of the above victim under the agreement with the victim of the crime of bodily injury, and the defendant took the attitude to recognize and reflect the defendant's mistake, and the defendant did not have been punished more than a fine after being sentenced to the suspension of the execution of imprisonment due to violence-related crimes in 203, the circumstances that should be taken into account as favorable circumstances to the defendant, such as the defendant's age, sex, criminal records, circumstances of the crime, and circumstances after the crime, etc., and the punishment of the court below is too excessive.
The decision is judged.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act (the point of assault) concerning facts constituting an offense, the choice of imprisonment, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above favorable circumstances);