폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
, however, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.
2. Determination is that the Defendant has been punished several times for the same kind of crime, such as imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night) in 2003, fine for each injury in 2008 and 2009, fine for the obstruction of performance of official duties in 2010, fine for the obstruction of performance of official duties in 2010, fine for the crime of assault in 2010, and fine for the crime of assault in 2011, and the Defendant repeated a dangerous act of assault that may cause the face or head of the victims two times or more during the short period of time during which the Defendant was short of one month, and that the Defendant did not agree with the victim I is disadvantageous.
However, considering the favorable circumstances, such as the fact that the defendant's mistake seems to have been recognized and reflected, that the defendant would not repeat the crime through confinement life, that the defendant has no record of being punished more than a suspended sentence for the last ten years, that the victim E does not wish to punish the defendant, and that all the sentencing conditions of the case, such as the age, character and behavior, environment, health conditions ( tuberculosis), the circumstances and result of the crime of this case, etc., the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's argument is reasonable.
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 evidence admitted by the court is the same as the corresponding column 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. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;