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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the court below was rendered on January 27, 2012 that the defendant was sentenced to a suspended sentence of 2 years for a violation of the Military Service Act at the Seoul Central District Court on October 2012, and committed the instant crime even during the suspended sentence period, which became final and conclusive on February 4, 2012. The instant crime is acknowledged as being committed by the defendant, despite the fact that the defendant injured the victim of dangerous goods, and threatened the victim with the kitchenhead, and the case was serious, but the defendant led to the confession of the criminal facts and reflects his mistake through the prison life beyond 5 months, the degree of injury suffered by the victim was not more than 2 weeks. The defendant agreed with the victim at the investigation stage, and the suspended sentence period was passed at the trial stage, and the defendant's age, environment, character and behavior, the process and motive leading to the instant crime, and circumstances after the commission of the crime, etc., the court below's judgment is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;