특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. In light of the fact that the degree of injury suffered by the victim is not less exceptionally, the victim's children could have committed the instant special injury crime, and the victim's children have received psychological treatment after the crime of the instant special injury, the crime is not good and highly likely to be subject to criticism, and the Defendant committed the instant intimidation while investigating the case of the prior special injury, etc., and the fact that the Defendant committed the instant intimidation while investigating the case of the prior special injury is disadvantageous to the Defendant.
However, in light of the favorable circumstances such as the payment of 24 million won to the victim and the change of the residence according to the agreement with the victim, the victim expressed his/her intention that he/she does not want to punish the defendant, the defendant has no record of punishment exceeding the fine, the defendant recognized his/her mistake and reflects his/her behavior, the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the circumstances after the crime, etc., the court below's punishment is considered unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1), 257 (1) (a) and 283 (1) of the Criminal Act concerning facts constituting an offense;
1. Imprisonment with prison labor for a crime of intimidation of option of punishment;
1. The Criminal Act among concurrent crimes.