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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, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
Summary of Reasons for appeal
A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
Judgment
Although there are many criminal records that have been sentenced to punishment for the defendant, there are many kinds of criminal records in the same kind of crime.
The favorable circumstances: The defendant shows an attitude against the defendant, recognizing the crime of this case.
The victims do not want to be punished for the defendant because they agreed with the victims in the past.
It seems clear that the social relationship between the defendant and his wife seems to be clear, such as the defendant's motion for action against the defendant.
In light of the above unfavorable circumstances, including the Defendant’s age, character and conduct environment, relationship to victims, motive means of crime, and circumstances after crime, etc., the sentence imposed by the lower court is too unreasonable because it is too unreasonable, and thus, the Defendant’s argument of sentencing is reasonable, while the prosecutor’s improper argument of sentencing is without merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows (the prosecutor's appeal is without merit, and so long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is dismissed separately from the disposition). 【Grounds for the new judgment of the court's reasoning] The summary of criminal facts and evidence is identical to each corresponding part of the judgment of the court below, and the summary of evidence is identical to those of the judgment of the court below, thereby citing it pursuant to
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the injury resulting from the occupational injury and the actual injury) of the pertinent Act.