폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment of this case is that the defendant knife causes the knife part and the knife part of the victim with the knife and the knife part of the victim so that the method of crime is extremely dangerous and the damage suffered by the victim
However, in full view of the following circumstances: (a) it is difficult for the Defendant to economic situation as a recipient of basic living benefits; and (b) it seems that the Defendant suffered difficulties due to cerebral cerebral blood, and the Defendant acknowledges and reflects all of his mistakes; and (c) the Defendant and the victim have reached an agreement in the first instance trial and reached an agreement between the Defendant and the victim; and (d) the Defendant’s age, character and conduct, environment, circumstances leading to this case, circumstances after the commission of the crime, and various circumstances that form the conditions for sentencing as indicated in the argument in this case, the above argument by the lower court is reasonable
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered factors, such as favorable circumstances, etc. among the grounds for reversal);
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the grounds for reversal of the above judgment);
1. As examined in the grounds for reversal of sentencing under Article 48(1)1 of the Criminal Act
It is so decided as per Disposition for the above reasons.