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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant merely dumped the victim’s head, which was using a safety cap, with a hump pipe, and even though it is difficult to see that the victim was injured, the lower court found the Defendant guilty of the facts charged in this case, thereby adversely affecting the conclusion of the judgment.
B. Even if the Defendant’s special injury is acknowledged, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below and the court below, including the case of a mistake of fact, the police statement of D, the written diagnosis of injury to D, and the written statement of witness E of the party in question, and the evidence duly adopted and examined by the court below and the party in question, it can be sufficiently recognized that the victim's head head part was damaged by 3 times due to the serious strings with a thickness of 61 cm and 7 cm with a thickness of 7 cm with the length of dangerous goods, and the victim's head part was damaged by 3 strus of the crus of the crus of the crus of the crus of the crus of the crupt, the crus of the crus
B. We examine the judgment on the assertion of unfair sentencing, and the crime of this case cannot be deemed to be less than that of the crime of this case by taking the head of the victim, who did not resist any resistance on the grounds of minor negligence, over several times with a hack pipe, and the nature and criminality of the crime.
However, in light of the fact that there was an error causing a crime even to the victim who committed an act, such as short-distance as if the defendant's complaint against the defendant's work method, and loaded a pipe, etc., and that the defendant's return was in full safety, it is difficult to deem that there was an active criminal intent as to the injury exceeding the assault, and as a matter of compensation, it is difficult to view that there was an active crime.