상해
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. The fact that the victim's injury is not severe, and that the defendant who suffers from mental illness appears to have committed the instant crime by contingency is favorable to the defendant.
However, the fact that the defendant has a 10-time criminal punishment force, all of the punishment force is a violent crime, and the 4-time criminal punishment is a force of punishment, which is a repeated crime due to the same crime, and that the crime of this case was committed during the period of repeated crime due to the same crime, and that it has not yet reached an agreement with the victim and has not been recovered from damage is an unfavorable
In full view of the above circumstances and other factors of sentencing, including the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the commission of the crime, and circumstances after the commission of the crime, etc., it does not seem improper for the lower court to impose a fine on the Defendant as it is inappropriate and unreasonable for the Defendant to impose a fine.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.