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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case is deemed to have been committed by the Defendant, a dangerous article, to have caused the upper condition of 15 to 16cc teared at the victim's face. However, if the Defendant recognized the crime of this case and agreed with the victim, it is against his mistake, and the victim was the front part of the Defendant. The Defendant committed the crime of violation of the Punishment of Violence, etc. Act on December 27, 2000 and was punished by a fine of KRW 300,00,000,000,000 won on January 28, 2005, and there was no record of criminal punishment other than each sentence of KRW 70,000,000,000 for the violation of the Road Traffic Act on January 28, 2005, and considering the various circumstances, such as the age, character and conduct, circumstances, circumstances, etc. of the Defendant's age, circumstances, and circumstances after the crime, the sentence of this case is inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);