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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.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a period of three years of suspended execution, one hundred and twenty hours of social service) is too unhued.
2. The fact that the defendant is in depth of his mistake, and that the crime of this case is contingent that the defendant committed an act of priceing the victim who has been frightly in the way, and that there is no criminal conviction against the defendant, and that the defendant's punishment has been issued a written agreement and a written application for punishment (50 pages of the trial record) stating that "the defendant does not want the punishment of the defendant, and if the defendant's punishment is paid to the mother of the victim with a total of KRW 60,000,000,000,000 to the victim's mother, he will not want the punishment of the defendant, and if so, once again request the main time to the maximum tolerance permitted by the law."
However, in full view of the following factors: (a) the Defendant’s assault committed by the Defendant has caused serious consequences that may not lead to the death of the victim; (b) the Defendant left the scene without taking any relief measures, such as sending the victim to the hospital after the instant crime; and (c) other sentencing conditions, such as the Defendant’s age, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the Prosecutor’s assertion is reasonable, since the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is the case.