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.
except that, for two 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. Although there are a large number of criminal records against the defendant, among them, there are a considerable number of criminal records against the defendant who committed violent crimes such as this case. However, when considering all the circumstances such as the defendant's age, character and behavior, environment, circumstance and contents leading to the crime of this case and circumstances leading to the punishment of the defendant, etc., the defendant's above assertion is justified, since the defendant's punishment of the defendant is too unreasonable, in light of the following circumstances: the defendant's confession of the crime of this case and the defendant's mistake is recognized; the victim does not want punishment against the defendant by mutual consent with the victim; and the defendant
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable to the grounds for reversal);
1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence. Type 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Investigative) mitigated element: The mitigated element [decision of the recommending area] mitigated area [the scope of the recommending area] mitigated area [the main reasons for suspended execution] from 1 year, 6 months to 2 months [the scope of suspended sentence] major reasons for major reference - negative crimes committed by carrying deadly weapons or other dangerous items, it is positive.