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. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of suspended sentence in one year and six months of imprisonment) is too unhued and unfair.
2. The circumstances such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, and the Defendant’s agreement with the victim are recognized.
However, the crime of this case is deemed to be a deadly weapon that was placed on the victim's day on the ground that the defendant got her burgy from the victim, and the crime of this case was committed with knife on the left chest part of the victim's chest, and the case is not weak, and the victim's side part might lead to a serious accident of human life at the heart where the heart is located, and the defendant had the record of criminal punishment of suspended execution due to the violation of the Punishment of Violences, etc. Act before and after being punished several times due to violence, and the defendant was punished several times by a fine due to violence. Accordingly, it is difficult to view that the defendant was under the influence of alcohol at the time and it is necessary to properly supervise and treat the defendant, accordingly, the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime in this case, etc., it seems that the court below's judgment is unreasonable in light of various circumstances, and it seems that it is unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;