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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
A. . . The crime group of violent crime, assault crime group of category 6 (Special Violence), special spons (Special Assaults), special spons (a case where punishment is not imposed or significant damage has been recovered), decision-making on the recommended range ( June to February 1), and recommendation range of crimes: The court below's final sentence range following multiple aggravated crimes (general injury), bodily injury group of crimes, special spons (a minor injury), decision-making on the recommended range (two to one year), and recommendation range of crimes: June to August (a case where sentencing criteria are not applied) and the main reasons for probation (a case where punishment is not imposed, deadly weapons or other dangerous things are carried more than twice), the suspended sentence can be granted, and all of the circumstances such as the defendant's age, character and behavior, circumstances before and after the crime of this case are unfair.
* Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
Criminal facts and summary of evidence against the defendant recognized by this court shall be as stated in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 257(1) of the Criminal Act, the choice of the relevant criminal facts, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying and damaging property, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of violence);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Article 62-2 (1) of the Criminal Act, the Act on Probation, etc.;