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Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) is too unreasonable.
2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is divided and reflected in his or her mistake; (b) appears to have caused the instant crime by contingency while drinking alcohol; (c) the degree of injury to the victim is minor; (d) the agreement with the victim at the lower court was reached; and (e) the most likely that the Defendant should raise young children.
However, the crime of this case is an unfavorable circumstance to the defendant, such as that the defendant assaulted the victim without any particular reason and inflicted an injury in need of medical treatment for two weeks, and the nature of the crime is not good, and that the defendant has been sentenced to a suspended sentence of imprisonment for the same kind of crime.
In this context, the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court is from 1 month to 1 month of imprisonment, general injury, type 1, special mitigation (insignificant injury, non-influence of punishment, or serious effort to recover damage), the scope of the recommended sentence (one to one year of imprisonment), and the scope of the punishment (one month to one year of imprisonment). In full view of the following factors: Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and consequence, before and after the crime, etc., the sentence of the court below ordering the Defendant to provide a relatively short period of 80 hours of community service and attend a lecture for 40 hours of violent therapy when sentenced to the suspension of the execution of imprisonment is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.