The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

. An applicant for medical treatment and custody.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. The instant crime committed on the part of the Defendant case is that the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) inflicted an injury on the victim’s body at a stroke and strokeing time, which is a dangerous object, in light of the nature and method of the crime.

Although the victim was punished for the same crime, the defendant again committed the crime of this case even though he was punished for the same crime.

However, the defendant committed the crime of this case in the state that the defendant was physically and mentally weak due to his own illness, and the degree of injury suffered by the victim is not much serious.

The defendant reflects the mistake of the crime of this case, and shows his will to treat the injury and disease of this case.

It is difficult for the defendant to have two children by marriage with Vietnam. The crime of this case is in a concurrent relationship between the crime of injury for which judgment has become final and the crime of this case in the latter part of Article 37 of the Criminal Act, and the equality between the case to be judged at the same time.

In addition, in full view of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the punishment sentenced by the court below is too unreasonable.

B. If the part of the medical treatment and custody application case has filed an appeal against a prosecuted case, it shall be deemed that the application for medical treatment and custody also has been filed pursuant to Article 14(2) of the Medical Treatment and Custody Act.

However, there is no statement in the petition of appeal or statement of grounds for appeal concerning medical treatment and custody application, and even after ex officio examination, there is no reason to reverse the part of the judgment below's medical treatment and custody application.

3. Conclusion: