The judgment below

The remainder except the dismissed portion of the application for compensation shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

1. The sentence of one and a half years of imprisonment sentenced by the court below is too unreasonable.

2. We examine the judgment. The crime of this case was committed by using golf loans, which are dangerous things with the victim in relation to the issue of wage payment, and the crime of this case was committed by the victim with respect to the issue of wage payment, and the degree of injury to the victim is deemed to have reached about six weeks of medical treatment. However, even though the defendant does not want the victim's punishment by agreement with the victim in the trial, although the defendant had the same criminal records as the defendant twice but was sentenced to a minor fine, there was no record of sentence of suspension of execution or heavier punishment, and the defendant must not repeat again, and the defendant's age, character and behavior, environment, motive for the crime, circumstances before and after the crime, etc. are considered to be unfair since the sentence imposed by the court below is too excessive. Thus, the above argument of the defendant is justified.

3. Accordingly, according to the conclusion, the remainder of the judgment below excluding the rejection portion of the application for compensation among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and this decision is again

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( considered for repeated normal consideration in light of the above judgment);