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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair punishment) of the original judgment is too unreasonable.
2. Although there are no particular circumstances that could mislead the victim of the determination, the Defendant, under the influence of alcohol, committed a cruel assault against the victim, thereby causing a relatively serious injury to the victim, and the Defendant’s liability for the crime is not somewhat weak.
However, there are extenuating circumstances such as the defendant's mistake against himself and there is no history of criminal punishment exceeding a fine, the defendant deposited 6 million won for the victim in addition to the part of medical expenses for the victim at the court below, and the defendant made a smooth agreement with the victim at the time of the trial, the defendant's most favorable support for his wife and university students, and the defendant's family members want to take prior action against the defendant. Other sentencing conditions such as the defendant's age, character, character, environment, motive, means and consequence of the crime, and circumstances after the crime of this case, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court's sentencing committee for the crime of this case according to the sentencing guidelines for the sentencing of the sentencing committee of the Supreme Court is unfair, taking into account the following factors: the defendant's age, character and behavior, environment, motive, motive and consequence of the crime of this case, and the range of recommended sentence according to the sentencing guidelines for the sentencing committee of the crime of this case is one year from February of imprisonment, general injury (general injury).
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 of the Criminal Act: