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The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant was punished as a violent crime and the fact that the Defendant is not guilty and is likely to commit a crime, and that the risk of repeating a crime is likely to be disadvantageous to the Defendant, considering the fact that the Defendant was under the suspension of the same kind of suspension of the execution.
However, the crime of this case appears to have been committed as a contingent crime, and is detained for about two months in the instant case, and has an opportunity to reflect, such as that the victim is not injured, and that the defendant has reached an agreement with the investigative agency on the part of the victim, that the defendant has continuously been released as bail, that the defendant is able to refrain from drinking with his own will and effort as a result of his own belief and effort, and that the defendant's wife H is able to improve the defendant's bad drinking impression and wrong living habits due to deep interest and care, so the risk of recidivism is likely to be significantly reduced, and the sentencing conditions in the records such as the defendant's age, character and behavior, environment, etc. are considered as a whole.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;