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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.
2. The fact that the defendant committed the instant crime during the suspension of execution, the injury suffered by the victim due to the instant crime, the failure to agree with the victim, and the criminal records that have been punished several times due to the same offense are the factors to be sentenced disadvantageous to the defendant.
However, in full view of the sentencing factors favorable to the defendant and various sentencing conditions shown in the argument of this case, such as the fact that the defendant has been led to confessions and reflects of the crime of this case in the court of the first instance, the tree block used by the defendant was brought to the original victim, the defendant did not escape after the crime of this case, and the defendant has several previous convictions, but the defendant did not have been sentenced to the same punishment due to the same crime, etc., the sentence imposed by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
1. The defendant's oral statement in court;
1. Each legal statement of witness E and F of the original judgment;
1. On-site photographs and medical certificates;
1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;
1. Article 3 (1) and Article 3 (1) 2 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Discretionary Mitigation Criminal Act ( Taking into account factors of sentencing favorable to the accused in the preceding way);