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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 three years from the date this judgment becomes final and conclusive.
Reasons
The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.
Judgment
The crime of this case is an unfavorable circumstance against the defendant, such as the fact that the defendant prices the head of the victim D with a stick for mountain use, and assaulted the victim F by booming the head of the victim D, and the crime is not good, and the defendant has consistently denied most of the crimes of this case from the investigation stage to the original trial, and did not repent his mistake.
However, it is reasonable to take into account the following circumstances: (a) the Defendant made confession of all of the instant crimes and reflects his mistake in depth; (b) the Defendant appears to have committed the instant crime in a state of drunken; (c) the Defendant agreed smoothly with the victims in the trial; (d) the Defendant has a spinal disability and a function disorder falling under class 4 of the disability grade; (c) the state of the disability is deemed not good; and (d) the first offender who has no criminal records.
In this context, the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court from September to January 1: The first type of violent crime, the first type of habitual injury injury special injury, the special appearance (minor injury, minor injury), the decision of the recommended area (special mitigation area), the scope of the recommended sentence ( September to June), the suspension of execution (Suspension of Execution), the second crime: violent crime group, the sixth type of the assault crime (special violence), the decision of the recommended area (special sentencing area), the decision of the recommended area (special mitigation area), the scope of the recommended sentence (special mitigation area), the suspension of execution (suspension to February to December), the result of the aggravated punishment: the fact that September to March 31; the defendant's age, character and behavior, the environment, the circumstances before and after the instant crime, etc. are considered to be inappropriate.