상해등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
, however, the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment with prison labor, and 6 months of imprisonment with prison labor) is too unreasonable.
2. Determination
A. The crime of this case against Defendant A is committed by the Defendant in wrap with the victim B, and the Defendant committed an injury to the victim by taking the cab on the way of coming to the hospital on the same day, and again, by taking advantage of the victim I’s daily behaviors and ditches on the same day. In light of the content and frequency of the crime, the nature of the crime is not good in light of the crime, the degree of injury suffered by the victims is considerably heavy, the victims did not agree with some victims, and the damage was not recovered, and there seems to have been a number of criminal records including the same criminal records, it is inevitable to sentence the Defendant as to the punishment of the Defendant.
However, there are extenuating circumstances, such as the fact that the Defendant recognized the instant crime and is in depth against the Defendant, the fact that the instant crime appears to have been committed by contingently during the dispute with the victim B, and that the victim B expressed his intention not to be punished against the Defendant in the first instance, that the victim F was smoothly agreed with the victim F, and that the Defendant’s basic living recipient is difficult to economic conditions.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, the records of the instant case, including the circumstances after the commission of the crime, and various sentencing conditions, the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's argument is justified.
B. The instant crime against Defendant B is an unfavorable circumstance, where the Defendant inflicted an injury on the victim by displaying siren hand, which is a dangerous thing, to the head of the victim A. In light of the method and risk of the crime, the nature of the crime is not good in light of the method and risk of the crime, and multiple punishment records, including the criminal record, are imposed on the Defendant.
(b).