특수상해등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for seven months;
1. Summary of grounds for appeal;
A. In relation to the crime No. 1 of the facts stated in the judgment below, the Defendant recognized the fact that the Defendant sustained an injury while fighting with the victim E, but did not inflict an injury jointly with the other party.
2) As to the crime No. 2. A of the facts stated in the judgment below, the Defendant did not display his standing signboard to the victim F.
3) As to the crime No. 2. B. of the judgment of the court below, the defendant did not have an intention to damage.
B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the court below as to the assertion of misunderstanding of facts, which were duly adopted and investigated by the evidence, i.e., (i) the act of the defendant and the defendant was committed immediately after the arrival of the police officer at the site, and (ii) the intent of the defendant to commit the crime of destroying the crime of this case is sufficiently presumed, it is reasonable to find the court below guilty of all the charges of this case. Thus, the above assertion by the defendant is without merit.
B. As to the unlawful assertion of sentencing, the Defendant denies all of the instant crimes from the police to the trial of the party, and did not reflect at all, and the instant crime is unfavorable to the Defendant, in collaboration with the Defendant, who is in the instant crime, inflicted an injury upon the victim E in need of approximately three weeks of medical treatment, and inflicted an injury upon the victim F by putting a steel cover signboard, which is a dangerous article, which is damaged by the victim G vehicle, and the nature of the relevant crime is not good, and the Defendant has a record of being sentenced to a suspended sentence for the same crime even in 2011.
However, the degree of injury of the victim F, damage of the victim G vehicle is relatively minor, the victim G does not want punishment against the defendant, and the defendant E in the trial of the party.