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.
However, for three years from the date this judgment becomes final and conclusive.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case, which is a dangerous thing of the defendant, was committed by the victim at the time of the head of the victim, resulting in an injury requiring approximately eight weeks of treatment, and the method of crime is extremely dangerous, and the degree of damage is considerably heavy.
However, in full view of all the sentencing conditions indicated in the records and arguments of this case, including the fact that the defendant was divided in depth by mistake, that the victim did not want the punishment of the defendant, that the defendant did not want the punishment of the defendant, that the defendant found the construction site office in order to receive overdue wages at the time, and caused the crime of this case by contingency during the dispute with the victim who was in the construction site office, and that there is room for consideration in its circumstance, and that there was no history of punishment heavier than the fine, etc., the sentence imposed by the court below is somewhat unreasonable.
3. As such, the defendant's appeal is with merit, and 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered as favorable circumstances as examined in the preceding reason for reversal);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;