Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. Determination of the summary of the grounds for appeal (unfair punishment for six months) shall be inappropriate;
2. The sentence sentenced by the court below is within the recommended range of punishment according to the attached sentencing guidelines (two months to ten months of imprisonment).
In consideration of the defendant's reflectivity, partial implementation of the damage recovery agreement, the same criminal records, etc., the punishment was imposed in consideration of the degree of injury, the recovery of damage, etc.
However, the defendant agreed again with the victim after the decision of the court below.
They want the wife. They want to be the wife.
In addition, when reviewing the sentencing factors, the amount of the original sentence is recognized as inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;