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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. In view of the fact that the crime of this case was committed by the Defendant during marriage and after divorce, resulting in the injury of 4 weeks or 6 caution to the victim by force of violence against the victim, and that there was a record of the judgment of suspended sentence by force of violence against the victim even before the Defendant was committed, it is necessary to punish the Defendant strictly.
However, in light of the fact that the defendant led to the crime of this case and reflects his mistake, that the defendant made efforts to recover from damage by depositing KRW 5 million in the original court and the original court for the victim, that the defendant has no record of criminal punishment in addition to the judgment of suspended sentence as seen earlier, and that there is no record of criminal punishment, and that other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, family environment, the sentence of the court below is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);