강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
One set of excessive evidence seized by the defendant.
1. The sentence of the lower court (two years of imprisonment and confiscation) against the accused in the summary of the grounds for appeal is too unreasonable.
2. The instant crime of this case regarding the assertion on the grounds of appeal is to be considered as the circumstances unfavorable to the Defendant, in light of the following: (a) the Defendant planned in advance to commit the instant crime; (b) the Defendant took the cresh of the female victim’s cresh of property in the singing room and inflicted injury on the victim who resisted the sing room with a deadly weapon (23 cm in length, 12 cm in length); (c) the Defendant had the record of criminal punishment for the same kind of crime prior to committing the instant crime; and (d) the Defendant had the record of criminal punishment for the same crime.
However, in full view of the motive and background leading up to the instant crime, the circumstances after the Defendant committed the instant crime, and other various sentencing conditions on the records, such as the Defendant’s age, character and conduct, and environment, and the scope of recommending punishment (three years to six years), according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to the instant case, the above sentence of the lower court is recognized to have been excessively unfair as a result of partial changes in the sentencing conditions as seen above, as the above changes in the sentencing conditions in the first instance court to the extent that the sentencing conditions were partially changed, and thus, the victim’s injury and the amount of damage are relatively minor, the victim paid 2 million won as compensation for damage, and the victim expressed his intent not to be punished.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence.