폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Defendant
All appeals by prosecutors are dismissed.
Defendant
The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable, and the summary of the grounds for appeal by the prosecutor is that the punishment imposed by the court below is too uneasible and unfair.
Therefore, it is true that there is a favorable condition for the defendant, such as the fact that the defendant was aware of all the crimes of this case when the defendant was in a trial, and that his mistake is divided, and that the victim withdraws the complaint against the defendant and seeks the wife.
However, in light of various circumstances, including the victim's age, character and environment, motive, means and consequence of the crime, and the circumstances following the crime, which are the actual condition of the victim living together on the ground of alcohol, or the part of the right eyebrow, which are dangerous goods, inflicted serious bodily injury on the victim, and despite the fact that the defendant has to make special efforts to respect and protect the legal order and value of the Republic of Korea, the crime of this case was committed by the court below, considering the circumstances favorable to the defendant, and there is no special circumstance or change of circumstances that can be considered for sentencing newly after the court below was sentenced, it is not recognized that the defendant's sentence is too heavy or unreasonable even if all circumstances asserted by the defendant or prosecutor as grounds for appeal are considered to be reversed.
Therefore, the defendant or prosecutor's argument is without merit.
Therefore, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.