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 a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.
2. In addition to the sentence of a fine of KRW 1.5 million for the crime of injury on November 5, 2007, the defendant was sentenced to a fine of KRW 4 times for the crime of violation of the Punishment of Violences, etc. Act. On November 29, 2008, the defendant was sentenced to a suspended sentence of three years on May 16, 2009 due to a violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, etc. on November 29, 2008, and committed the crime of this case during the suspended sentence of three years on May 16, 2009. The crime of this case was committed by the defendant, which is a dangerous object prepared in advance by the defendant, with six weeks of injury. It is not good that the crime of this case was committed by the victim, and it is hard to hold a trial by the defendant prior to the sentence of the court below for about 4 months, but the defendant led to a confession of the crime of this case, and there was no consensus between the victim and the defendant.
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 summary of the evidence recognized by the court are as shown in each corresponding column of the judgment 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 of the Punishment of Violences, etc. Act concerning a crime;