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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date of the final judgment.
Reasons
1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant and that he deposits for the victim in the court of appeal, the punishment imposed by the court below against the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination of the method of committing the instant crime is dangerous, and the degree of injury of the victim is serious, and the victim wants to punish the Defendant, etc. is disadvantageous.
However, under the circumstances where the defendant is not paid the construction cost properly by the victim, the victim continues to pay it, and the defendant seems to have reached the crime of this case, the defendant's failure to repeat the crime of this case is against the defendant, and the defendant has agreed to do so smoothly with the victim at the trial, the defendant has not wanting to punish the defendant, and the victim has agreed to deposit 9.1 million won for the recovery of damage, the defendant has only been punished once with the violence department, the defendant has only been supported by the defendant, and there is a family member to support the defendant and people around him.
In this context, considering the various circumstances shown in the records and arguments, such as the character, character, environment, and career of the defendant, the sentence imposed by the court below against the defendant is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted 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. Discretionary mitigation;