상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) declared by the court below is too minor.
2. The crime of this case is the sentencing factor favorable to the defendant that the defendant recognized his mistake and reflected his mistake. The crime of this case is the sentencing factor favorable to the defendant that the defendant, who was the victim, was the victim who was sculbling in the drinking house, was the victim who was sculed by drinking, was sculging the victim, and there are circumstances that can be taken into account as the situation, and that the defendant deposited five million won in the court below for the victim.
However, in full view of the fact that the Defendant had been punished several times due to violent crimes, the degree of injury suffered by the victim due to the instant crime is considerably serious, and the Defendant did not agree with the victim until the court is in the trial, the Defendant left the way without taking relief measures, such as sending the victim who has lost his mind due to violent violence to the hospital, and other various sentencing conditions as shown in the argument of the instant case, the lower court’s punishment against the Defendant is somewhat uneasible and unreasonable.
3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
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 Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;