특수상해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
The defendant shall be put on probation.
Summary of Grounds for Appeal
The punishment of the court below (two months of imprisonment and two years of suspended execution, probation and community service) is too unreasonable.
2. The crime of this case is acknowledged that the crime of this case was committed by the Defendant on the ground that the victim, who is his wife, transferred her son and her son, was committed several times with plastic pipes, and the part of the victim’s knife was cut off one time with the pipe, and the crime of this case was considerably poor in light of the background of the crime, method and content of the crime, etc., and that the crime of this case was at risk of re-offending as a crime of domestic violence.
However, the defendant recognized the crime of this case and there is no past record of fine for traffic crime, and there is no history of receiving family protective disposition. The defendant and the victim are foreigners of Chinese nationality who prepared a basis of living in the Republic of Korea from around 2006 and live in the Republic of Korea. The defendant, who forced the defendant to leave the Republic of Korea by being sentenced to imprisonment with prison labor or heavier punishment for the crime of this case, appears to be harsh to the victim who wants to maintain the family, and the victim did not want the defendant's serious injury, the victim expressed his intention not to be punished against the defendant at the court below, and the defendant submitted a written application to the defendant several times in the trial and made efforts to maintain a smooth family in depth, and thus, the defendant's prior to the crime of this case, there is no past record of the crime of this case and there is no history of receiving family protective disposition. In full view of the following circumstances: the defendant's age, character and environment, motive and circumstance leading to the defendant's crime of this case, and the defendant and the victim appear.