특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. Unfavorable circumstances: The crime of special injury in this case is very poor in terms of motive, method, etc.
The injured person wanted to punish the defendant.
The defendant has been punished six times for violent crimes.
The favorable circumstances shows the attitude of the defendant to recognize and reflect each of the crimes in this case.
The defendant deposited one million won in the court below for the victim, and three million won in the court below for the victim.
In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (a point of special injury) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes as provided for in a special injury heavier judgment) shall be imposed for concurrent crimes;
1. In the determination of the reasons for the above appeal on the grounds for sentencing of Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances in the determination of the reasons for appeal above), the punishment as set forth in the text shall be determined by comprehensively taking into account all the above conditions of sentencing in the determination of the reasons for appeal.