상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.
2. The crime of this case shows that the victim C suffered serious injury for about seven weeks due to the crime of this case, and it appears that the victim C had a tendency to violence against the defendant in light of the law on the acceptance of the crime and the relationship with the victims.
However, in full view of the fact that the defendant still has a plan to return to a fish high school and is expected to live in good faith in the future, the defendant prepared and agreed to provide KRW 10 million to the victim C, and the victim C expressed his intention to not to punish the defendant, deposit KRW 1 million for the victim G, and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime, the defendant's allegation of unfair sentencing is reasonable, since it is deemed that the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 2 (2) and 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence), the choice of imprisonment
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;