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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.
Reasons
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of this case is an unfavorable circumstance where the defendant repeatedly fights a victim by using a bad faith fact that he/she became aware of through friendship with the victim, and the nature of the crime is grave in light of the applicable applicable law and the amount of damage, etc., such as linking the victim to his/her family. The defendant again commits the crime of this case even though he/she had been subject to several criminal punishment, and the fact that he/she
On the other hand, while the defendant has been suffering from conflicts with the victim for a long time, it seems that the crime of this case was caused by contingently, there are some circumstances to take into account the circumstances, and the fact that the defendant has made a deposit of part of the amount of damage for the victim in the past.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, and motive for committing the crime, various sentencing conditions shown in the instant records and arguments, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s argument that the sentencing is unfair is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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. Relevant legal provisions of the Criminal Act and Article 350 (1) of the Criminal Act (the points of conflict, the choice of imprisonment), Articles 352 and 350 (1) of the Criminal Act (the attempted crime of conflict, the choice of imprisonment);
1. The sentencing conditions set forth in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, taking into account the reasons for sentencing as set forth in Article 50 (2) of the same Act, shall be determined as the order.