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The judgment of the court below is reversed.
As to the crime No. 1 in the judgment of the defendant, the crime No. 2 in the judgment of the court shall be sentenced to one year and six months.
Reasons
1. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for three years, and the second crime as decided: imprisonment with prison labor for one year) by the court below is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio (section 2 of the crime in the form of judgment), the prosecutor tried ex officio prior to the judgment on the grounds for appeal, and the name of the crime against the defendant's assault charges in the case of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the court below was "special assault" from "violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" to "Article 3 (1), Article 2 (1) 1, and Article 260 (1) of the Punishment of Violences, etc. Act" to "Article 261 and Article 260 (1) of the Criminal Act" to "Article 260
B. In light of the fact that the crime of this part of the allegation of unfair sentencing (the part concerning the crime of this case) was committed by the Defendant on the ground of the victim’s head as the principal soldier, thereby resulting in satisfying the victim by taking the victim’s head into custody, and the nature of the crime was inferior, and the Defendant committed the crime of this case during the period of repeated crime due to the same kind of crime. Therefore,
However, there are extenuating circumstances to consider the Defendant favorable to the Defendant, such as the fact that the Defendant led to the confession of this part of the crime, that the Defendant agreed with the victim in the first instance time, that the victim agreed with the victim, and that the degree of injury to the victim is not much serious. Considering the above circumstances and all of the sentencing conditions of the instant argument, including the Defendant’s age, character and conduct, family environment, the lower court’s punishment is somewhat unreasonable.
Therefore, this part of the defendant's argument is justified.
3. Accordingly, the judgment of the court below is without examining the defendant's assertion of unfair sentencing since the second crime of violation of Article 2 of the judgment of the court below is a ground for ex officio reversal.