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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that from the date of this judgment.
Reasons
1. The judgment of the court below on the scope of trial in this case dismissed a public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that the victim expressed his/her intention not to punish the defendant as to the continued assault among the facts charged in this case, and sentenced him/her guilty only
Since only the defendant filed an appeal on the ground of unfair sentencing only for the guilty portion, the dismissed part of the prosecution is separated and finalized as it is, and the scope of this court's judgment shall be limited to the guilty part of the judgment below.
2. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.
3. However, in this case, the defendant committed physical abuse by assaulting and injuring son and son, who is aged under the ability to defend, and the nature of the crime is extremely poor. In particular, the defendant seems to have performed drinking other than the crime of this case and exercised continuous domestic violence to the victims who are son and son and son and son, and the crime liability is more severe, and the degree of injury suffered by the victims is not less weak, and the victims, who are children, might have suffered considerable mental and physical shock due to the crime of this case, are considered disadvantageous to the defendant.
However, all of the crimes of this case are recognized by the defendant, and they are in profoundly against the defendant's family life during a period of five months, victims and the defendant's family members desire to use the defendant and to lead a smooth family life again, and the defendant also does not repeat again, the defendant bears the living expenses of his family, and it seems that the defendant's living like the victims is difficult due to the defendant's detention, and there is no record of punishment for one fine around 198.