폭력행위등처벌에관한법률위반(집단.흉기등상해)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
3.Provided, That this ruling has become final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, confiscation, and community service order 200 hours) is too unreasonable.
2. The crime of this case committed by the Defendant, which is dangerous to the Defendant, was committed by a knife glass bottle (the length of 8.5cm, width of 6cc) with the victim’s left side door door door door, which requires approximately two weeks of treatment, and the fact that the crime is not good, etc. is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the victim and the victim did not want the punishment against the defendant; (b) there was no record of punishment for the same kind of crime; and (c) the defendant was in an unidentified state until recently due to traffic accidents that occurred on March 16, 2010, which occurred after the decision of the court below was rendered; and (d) other circumstances, such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.
3. If so, the defendant'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 the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;