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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. While the judgment defendant was punished as a violent offender, it is necessary to give strict warning to the defendant when considering the fact that the defendant's participation and the degree of injury of the victims are not that of the defendant's participation and the possibility of recidivism in light of the previous power or sexual harm, etc.
However, the following circumstances, which are recognized by comprehensively considering the results of the trial on the sentencing of the political party, including the witness V’s statement at the trial court, are: (a) the defendant has been detained for not less than three months in the instant case, and has two children with his wife and her family in good faith; (b) the defendant is operating a restaurant at the mid-to-day, along with his wife and V; and (c) the defendant suffers from pulmonary tuberculosis that needs continuous observation and treatment; and (d) above all, more confinement may cause harm not only to the defendant himself but also to the health of other prisoners; and (e) other conditions of sentencing as shown in the records, such as the defendant’s age, character and conduct, and environment, the sentence of the court below against the defendant seems to be too unreasonable.
3. In conclusion, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and this part is remanded to the court below as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) 3 of the same Act, the Criminal Act concerning the crime;