The judgment below

Part 1 and 3 of the judgment shall be reversed.

As to the first and third crimes committed by the defendant at the time of the original adjudication.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the sentence No. 1 and No. 3 at the time of the original adjudication: one year of imprisonment, the second crime at the time of the original adjudication: imprisonment with prison labor for 4 months, and the two years of the suspended execution) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. In the case of Nos. 1 and 3 at the time of the original adjudication, in the case of the crime of Nos. 1 and 3 at the time of the original adjudication, the Defendant inflicted bodily injury upon the victim D who had been able to drink alcohol with the main illness, which is a dangerous object without any particular reason, in view of the means and methods of crime.

In the case of the third crime at the time of the original adjudication, the defendant was punished several times by the obstruction of business with respect to the victim E who was killed in the past.

It has been punished several times for the same crime, and re-offending without being aware of it during the period of suspension of execution due to the same crime.

However, when the defendant is in the trial, the above victim does not want the punishment of the defendant in agreement with the victim D.

In addition, when comprehensively considering all the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means, result, and circumstances after the commission of the crime, the sentence of the lower court is excessively unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

B. When the original adjudication is conducted on the part of the second crime, the equality in the case of the second crime shall be taken into consideration at the same time with the crime of injury for which judgment has become final and conclusive.

However, even though the victim E was sentenced to a fine of two times due to the crime of intrusion upon residence, he/she again committed another crime, and has not been punished by the victim.

In addition to the above circumstances, the judgment of the court below has determined punishment by comprehensively taking into account all the sentencing conditions as shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime. The punishment imposed on the defendant shall be within the reasonable scope of discretion.