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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the defendant is too unreasonable.
2. The following facts are acknowledged: (a) each of the instant crimes is deemed to have been committed by the Defendant on the ground that the victim demands the payment of taxi charges; (b) the Defendant inflicted bodily injury upon the victim’s face several times; and (c) the said victim submitted to the Busan District Prosecutors’ Office a false statement of complaint that the victim suffered bodily injury against the said victim for the purpose of having the said victim subject to criminal punishment; (d) the case is not easy but considerably poor; (e) the Defendant has the record of having already been subject to criminal punishment several times due to the same type of crime, such as a violation of the Punishment of Violences, etc. Act or a crime of bodily injury; and (e) the crime is a crime that actively infringes on the State’s criminal function, and thus, is a crime that causes the other party
However, all of the crimes of this case are recognized by the defendant in the trial for the first time, and during that period, it seems that his mistake was against the victim, the degree of injury of the victim is minor, the victim expressed his intention not to punish the defendant, there is no record of criminal punishment other than a fine since 1994, the disabled person must be supported with his mother, and the health is not good, the basic livelihood recipient is economically difficult, and the other circumstances that led to the defendant's age, environment, occupation, family relations, and the circumstances before and after the crime of this case, etc. are considered as a whole, and the judgment of the court below is unreasonable.