beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. As to the punishment for one year of imprisonment sentenced in the original judgment, the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unreasonable.
2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.
The defendant, as North Korean defectors in a de facto marital relationship with the victim who was in a friend relationship with his own child, brought a question about the amount of basic living expenses that the defendant should distribute to the inside and outside of his child, and brought an injury to the victim, such as the victim's head, etc. due to a beer and beer disease, using the means and methods to the extent that it is difficult to regard the victim as an act of violence that occurred in a dispute with the victim, such as the victim's head, etc., and causing the victim's serious injury, such as the victim's 3 weeks brithm almar in the face of the victim, etc., and presented the defendant's attitude of denying the crime even before the court below, and even in the trial, the court did not seem to recognize and reflect the crime. However, even if the defendant did not assault as stated in the judgment of the court below, it is difficult to see that the victim also submitted the defendant's statement of brithnity and the possibility of denying the defendant's punishment.
However, the fact that the defendant is recognized as a substitute for the crime in the trial, that the defendant deposited the money equivalent to KRW 10 million, the whole amount the victim seeks in civil litigation in the trial in the future of the victim, that there is no criminal power against the defendant, that the defendant committed the crime of this case contingently at the end of the dispute with the victim, and that the defendant is expected to have committed the crime of this case.