beta
Text
The judgment below
The part of the judgment No. 1 is reversed.
As to the crime No. 1 of the judgment of the defendant, six months of imprisonment.
Reasons
1. The summary of the grounds for appeal (as to the first offense: imprisonment with prison labor for 1 year, and as to the second offense as to the ruling: imprisonment with prison labor for 3 months) by the court below is too unreasonable.
2. Determination
A. The part of the crime against the crime No. 1 of the holding is that the defendant, while having a knife, etc. and having committed a crime of injuring, assaulting, or threatening the wife, took the body of the victim's body again while under criminal trial, and calculated the number of the victims at the time of an excessive contact with the victim and suffered injury. Considering the circumstances that the defendant continued to commit an act of violence against the victim under the influence addiction, it is necessary to punish the defendant significantly because the nature of the crime is very poor and the fear of recidivism is high.
However, in light of the fact that the defendant confessions the crime of this case and reflects his mistake, that the defendant agreed smoothly with the victim at the time of the trial, that this part of the crime is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., which became final and conclusive) and the latter part of Article 37 of the Criminal Act, the equity in the case of judgment should be considered together. In addition, considering all the sentencing conditions in the arguments of this case, such as
Therefore, this part of the defendant's assertion of unreasonable sentencing is justified.
B. As to the crime No. 2 of the holding, the fact that the Defendant led to the confession of this part of the crime, and reflects his mistake, and that the Defendant agreed smoothly with the victim during the trial, etc. are considered favorable to the Defendant.
However, this part of the crime was committed by the defendant, even though the defendant was placed prior to the suspended sentence due to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), and the defendant was addicted to alcohol during the suspended sentence.