The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

1. The sentencing of the lower court (one hundred years of imprisonment) is too unreasonable.

2. In light of the fact that the degree of injury to the victim is severe, and the physical and mental impulse of the victim seems to have been considerable since the physical and mental impulse of the victim was extremely violent, and that the defendant repeatedly obstructed violent crimes, such as robbery, injury, etc., and committed the crime of this case in the same kind only one year after release, even though he did not reflect the long-term flood life, and committed the crime of this case, a serious punishment is requested against the defendant.

However, in full view of all the circumstances such as the defendant's age, character and conduct, occupation, motive, means and consequence of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable, considering the fact that the defendant is divided into and against his mistake, the defendant's difficult economic condition, the defendant seems to have been prevented from committing the crime of this case, and the defendant paid a considerable amount of money to the victim and agreed with the victim.

Therefore, the defendant's argument is justified.

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 main points of the judgment of the court below are as follows.

Application of Statutes

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

2. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

3. The reason for sentencing [the range of applicable sentences] for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following factors of sentencing] [the scope of applicable sentences] 7 to 25 years [the decision of a sentence] for robbery, and in the case where the result of bodily injury occurs, the injury (the special aggravation) among the special robbery (the special aggravation) [the special mitigation factors] is not subject to punishment (the general mitigation element].