상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years of suspended execution, etc. in the month of imprisonment with prison labor) is too unhued and unfair.
Judgment
The fact that the defendant is led to confession, the degree of injury of the victims is not significantly serious, and there is no record of punishment heavier than a suspended sentence due to the same crime of violence, etc. are favorable to the defendant.
However, the Defendant had two previous convictions of injury, and the Defendant, on the ground that the first medical staff in an emergency room was asked first of his personal information, not in the Defendant’s state, and brought an injury to another patient by drinking the nurse and doctor in charge. As a result, the Defendant was in danger to other emergency patients. The crime is very poor; the Defendant, in the course of the assault, shot the physician in an emergency room in an emergency room, seriously obstructed the medical practice in an emergency room by causing shock to the medical device in an emergency room; the Defendant, even when the police officer was dispatched, will throw away from the medical staff in an emergency room.
In full view of the following circumstances: (a) the victims suffered a big mental damage caused by the instant case, and complaining for a severe punishment by the Defendant; (b) the Defendant did not make a serious effort to recover from damage to the depth of the party; and (c) the motive, background, means and methods of the instant crime; (d) circumstances before and after the instant crime; and (e) the Defendant’s age, sex behavior, career, environment, etc. as shown in the instant argument, the lower court’s punishment against the Defendant is too uneasible and unfair.
In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.