폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
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 three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The circumstances are unfavorable to the defendant, such as the fact that the judged defendant inflicts an injury on the baby and his/her birth in a shotic, etc., which is a dangerous thing, and the fact that the victims have been constantly duplicated without any particular reason.
However, considering the fact that the defendant all of the crimes of this case is the first offender who has no record of criminal punishment, the victims expressed their intention of not to punish the defendant for the period of the time of the trial, the defendant is supporting his family by taking into account the baby who suffers from almoper's 81 years old age and mental retardation disorder, and other factors that are conditions for sentencing, such as the defendant's age, character and conduct, relationship to victims, circumstances after the crime of this case, etc., the sentence of the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Acts of Violence, Etc., Article 257 (2) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;
1. Probation and community service order;