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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The court below's scope of trial in this case dismissed the prosecution on each of the charges of violence among each of the facts charged in this case, and sentenced the conviction on each of the remaining facts charged, and only the defendant appealed on the ground of unfair sentencing as follows. Thus, the part of the court below's judgment dismissing the prosecution which the prosecutor did not appeal was separated and finalized as
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.
3. On the other hand, as the court below explained under the unfavorable circumstances against the defendant, the defendant has repeatedly committed multiple violent and traffic-related crimes for three months even though he was under investigation, and there is a high possibility of criticism, such as drinking, driving without a license, and failing to attend the trial, etc. by the date of the first trial date of the court below. In light of the contents of each crime, it is inevitable to sentence the defendant on the ground that the nature of the crime and the criminal administration are not weak.
However, in light of all the facts of each of the crimes of this case committed by the defendant, and thus, it seems that the defendant had lived faithfully without any specific punishment for the last ten years or more, and the actual situation is likely to result in each of the crimes of this case on the wind that may occur due to the depression, and the defendant's age, character, character, family environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the records and arguments of this case, including the fact that the victim of the bodily injury case was agreed smoothly with the victim D during the trial, the punishment of the court below is deemed unfair.
4. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.