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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of one year, and the community service 40 hours) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant recognized the crime of this case and is against the law.
The defendant seems to have committed the crime of this case in a drunken manner.
It does not seem that the degree of injury suffered by the victim is serious.
The defendant deposited KRW 700,00 for the victim in the court below.
It seems that the defendant's health is not good after undergoing a diagnosis of light brain flasing in 2011.
Circumstances unfavorable to the defendant are as follows:
In the car page in the operation of the victim, the defendant suffered injury by drinking the victim on the ground that the victim did not comply with the defendant's unfair demand.
The defendant did not reach an agreement with the victim and the victim was punished for the defendant.
In 2010, the defendant has been subject to criminal punishment several times for the same type of crime, such as being sentenced to a two-year suspended sentence for a crime related to violence, and has long history, but has long history.
Although the Defendant asserts to the effect that it is difficult for him to implement the community service order due to health problems, the circumstance that the Defendant received a diagnosis of brain flasing in 201 and received treatment until now is not confirmed, and there is no other data to deem that the Defendant is not healthy and blood pressure to the extent that it is difficult to implement the community service order (the Defendant, upon being examined by the investigative agency, stated that the Defendant is a healthy and blood pressure condition as a whole). In addition, taking into account all of the sentencing conditions of the instant case, such as the Defendant’s age, sexual behavior, career, environment, circumstance and consequence of the crime, etc., the lower court’s punishment is too unreasonable.
3. If so, the defendant's appeal is reasonable.