Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant (unfair punishment)’s imprisonment (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence (e.g., e., e., e., e., e., t
2. In light of the method of the instant crime, the degree and degree of injury, etc., in light of the fact that the nature of the crime was inferior, text messages that seem to cause the victim even after the crime was committed, and that the Defendant had a record of having been punished several times of a fine due to an act of violence, etc., are disadvantageous to the Defendant.
However, there is no history of criminal punishment heavier than a fine, and the defendant deposited some money for the victim, and the fact that the defendant agreed smoothly with the victim is favorable to the defendant.
In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the commission of the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Discretionary Mitigation Criminal Act (Consideration, etc.);
1. Article 62 (1) of the Act on Suspension of Execution (Consideration of Agreement with Victims);