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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the defendant's punishment sentenced by the court below (ten months of imprisonment), and the prosecutor asserts that the above punishment is too unaffortable and unfair.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
On the other hand, the crime of this case is committed by the defendant without any particular reason by causing injury to the victim and destroying property at the same time by getting the victim walk, and in light of the circumstances and results of the crime, the crime of this case is considerably poor and the defendant does not seem to have made any effort to recover from damage even though the degree of injury to the victim is serious. However, it is unfair to punish the defendant, taking into account all the sentencing conditions of this case as shown in the argument of this case, such as the fact that the defendant had no record of criminal punishment otherwise, the fact that the defendant was the first offender who has no record of criminal punishment, the fact that the defendant was the first offender with no record of criminal punishment, the fact that the defendant was late later and later, as part of the defendant's efforts to recover part of the damage from money, deposit KRW 10 million for the victim as part of the defendant's age, sex, sex, environment, method of crime, degree of damage, degree of damage, circumstances after the crime, etc.
3. According to the conclusion, the judgment of the court below is reversed on the grounds that the appeal by the defendant is without merit, and the prosecutor's appeal is identical to the defendant's appeal and the judgment of the court below is reversed on the basis of the defendant's appeal, so the prosecutor's separate appeal is not dismissed, and the following is
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows. Of the judgment of the court below, the Defendant’s partial statement of the first instance court in the summary column of the evidence is as follows: “The Defendant suffered injury,” “The same as the Defendant inflicted injury,” and “the Defendant’s partial statement of the evidence.”