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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.
2. The crime of this case in which the defendant habitually assaults several times during one month of the victim who is difficult to move to dementia patients, and assaulted a person with a dangerous object, or inflicted an bodily injury by influence, and the nature of the crime is not very good.
However, there are extenuating circumstances such as that the defendant's mistake is divided in depth and reflects on his own mistake, the victim and the victim do not want the punishment of the defendant. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court's Sentencing Committee from June to March 1: violent crime group, types 6 (special violence), special scams (in cases where punishment is not imposed or a significant damage is recovered, the victim is vulnerable to the crime), decisions within the recommended range (basic area), recommended range (in case where punishment is not imposed or a significant damage is recovered), the court below's decision on the recommended range (basic area), six types of violent crime, special scams (Habitual violence), special scams (in case where punishment is not imposed or a significant damage is recovered, the victim is vulnerable to the crime), the decision on the recommended area (basic area), the range of recommendations (special sentencing) before and after October 3, 196), the special sentencing range (special sentencing range), the victim's sentencing range (special sentencing range) or punishment).
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.