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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The judgment of the court below that sentenced the defendant to a punishment is too unreasonable in light of the defendant's age, character and behavior, environment, etc., when considering the method of crime and the degree of injury, etc., although the crime is not somewhat weak in light of the method of crime and the degree of injury, the defendant has reached an agreement with the victim in the first instance as he reflects the defendant's mistake in depth, and other conditions of sentencing as shown in the records such as the defendant's age, character and behavior and environment.
3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Election of Violences, etc. and Article 257 (1) of the Criminal Act (Selection of Imprisonment);
1. Suspension of execution under Article 62(1) of the Criminal Act (see the above Article 62(2) in light of the circumstances favorable to the defendant)
1. Article 62-2 of the Criminal Act on Probation (In light of the age, tendency, etc. of the accused, it is difficult to see that the risk of repeating a crime is completely resolved, and the systematic management, supervision, etc. of probation officers are judged to assist the accused in preventing and correcting the recidivism and probation is imposed);