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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
The lower court rendered a judgment of dismissal of public prosecution on the ground that the victim expressed his/her intention not to punish him/her after the instant prosecution was brought against the assault of 2019Da4330 among the facts charged in the instant case, and rendered a judgment of conviction against the remaining crimes (2019Da5372 and 2020 Godan1640).
Accordingly, since only the defendant filed an appeal against the conviction, the dismissal of the public prosecution was determined separately as it is, and it was excluded from the judgment of this court.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
3. In light of the background leading up to the instant crime, the Defendant had been punished for several times of violence in the past, and the fact that the Defendant had long been subject to suspended execution due to obstruction of performance of official duties, and that the assault case of 2020 high-level 1640 was a crime committed while in the instant trial, it is necessary to punish the Defendant for strict punishment.
However, it is unfair that the punishment imposed by the court below is too unreasonable, considering various sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant is divided into his own crime, the defendant has the criminal records prior to the crime, but there is no criminal records exceeding the fine for the last 25 years, the defendant is detained for a considerable period of time, and his mistake appears to have time to look back. The defendant was in the trial after the judgment of the court below, and the defendant was in the trial since the judgment of the court below, the defendant did not want the punishment of the defendant, and the defendant was in the first instance, and there was an old parent who should look back to the defendant.
4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.