특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence No. 1 shall be confiscated.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the Defendant recognized the instant crime, and stated that the victim was aware of his death, and that the victim was displeasure.
There is no history of criminal punishment against the defendant beyond a fine.
However, while the defendant is drinking together with a new citizen victim, the defendant left the head of the victim several times with his panty, and the victim's face was frighted by his panty, and the victim's face was cruel in light of the tool used for the crime, spons, frequency, etc.
As a result, the victim had been under three-time surgery, such as an inception and an inception removal surgery, after suffering from an inceptional injury, and being hospitalized for several months, but it is currently difficult for the victim to carry out and move daily life, and there is a possibility that there is a possibility of occurrence of a future merger, and the degree and result of the injury is very serious.
Defendant’s first, “I see one another” of the victim
1.3 Doz. 13
I explained to the effect that the Defendant committed a crime by drinking himself/herself, even though he/she said that he/she did so, it is difficult to understand the background of the crime that caused such significant consequences even if considering that the Defendant was actually in the state of his/her driving.
The Defendant did not agree with the victim or his family members, and did not make any effort to recover from damage.
In full view of these circumstances and other conditions of sentencing as shown in the argument of this case, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the lower court.