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.
except that, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentencing of the lower court (three years of suspended execution in one year and six months of imprisonment, and one hundred and sixty hours of community service) is too unreasonable.
2. At the time of the instant crime, the Defendant laid the beer and plastic ice, which is a dangerous object to the victim’s face at a close distance, with the main table table, and the victim was the biological woman in 1979, and suffered injury, such as tearing around the left side of the body, booming glass on the left side floor, etc., and there is a high possibility that a large amount of expenses will be incurred in addition to treatment and treatment. In light of the fact that the instant case may be less easily.
However, in full view of the various circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the Defendant’s argument is deemed to be unfair since the sentence imposed by the lower court is excessively unreasonable, and thus, the Defendant’s argument is deemed to have been excessively unreasonable. The Defendant’s argument is justified. The Defendant’s assertion is reasonable, given that the Defendant deposited KRW 20 million for the victim at the lower court’s medical institution at the time of the crime of this case, and deposited KRW 10 million under the name of medical expenses and consolation money for the victim.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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