The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal (unfair sentencing for eight months) by the lower court is too unreasonable.

2. As the judgment of the court below pointed out, the Defendant’s crime of this case is not good.

In addition, considering the fact that the defendant has a view to reducing the responsibility of the defendant in the course of investigation and trial or taking a part of the responsibility to the victim, and that it seems that agreement with the victim D or no recovery from damage has been made, it is necessary to punish the victim accordingly.

However, it can be taken into account that the Defendant’s examination of the victim B during the trial of the court below is conducted with respect to the victim B, and all facts charged are recognized after the trial of the court below, and that there is no record of criminal punishment against the Defendant, and that the Defendant appears to have been living together with his mother, who is a recipient of basic living benefits from the early 20th century, and that an agreement is made with the victim B who suffered heavy injury and expressed his intention not to punish him is a change in circumstances favorable to the Defendant after the sentence of the judgment of the court below.

Based on the sentencing precedents of the same kind of case, in full view of the various circumstances that are the sentencing conditions shown in the records and arguments of this case, such as the motive means of relation to the defendant's age, criminal behaviors, and the circumstances after the result of the crime, the sentence of the court below against the defendant is deemed unfair.

3. As such, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is

[Discied Judgment] The summary of criminal facts and evidence recognized by the court is the same as that of the judgment below, and Article 369 of the Criminal Procedure Act is the same as that of the corresponding column of the judgment below.