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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
The sentence of the court below (two years and six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.
Judgment
The crime of this case shows the typical form of the so-called "Et Violence". The "Et Violence" has emerged as a social issue rather than an internal problem between the two parties with a relationship, and in the case of continuous and non-discriminatory violence as in this case, it is highly likely that the individual should not be perceived to the degree of love fighting arising between the individuals. It is highly likely that the defendant would be subject to criticism. The method and the nature of the crime are not good, such as assaulting and injuring the victim with dangerous things over several occasions. The defendant damaged public water from the detention room on the ground that the crime of this case was detained, and the victim wanted to punish the defendant. In light of the above, it is inevitable to sentence sentence on the defendant.
However, in full view of the defendant's recognition of each of the crimes of this case and reflects on the defendant, favorable circumstances such as the fact that the defendant has no record of punishment, the fact that the defendant deposited five million won for the victim in the first instance court, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, sex, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable, and thus the defendant's assertion is reasonable.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is made after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 of the Criminal Act concerning criminal facts.