폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
The punishment of the accused shall be three years of imprisonment.
except that from the date of this judgment.
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. The crime of this case is an unfavorable circumstance where the defendant suffered damage to the victim's body in a knife by a knife, resulting in a loss to the left knife, which requires eight weeks medical treatment, and the nature of the crime is grave in light of the law of crime and the degree of damage, and the defendant suffered damage to investigation after the crime.
However, the appellate court has divided and reflected the defendant's mistake, that the victim does not want to be punished against the defendant by mutual consent with the victim in 2010, that the victim has lived in good faith without any criminal records for not less than 20 years, in addition to the punishment of a fine of KRW 2 million for the crime of bodily injury around 2010, and that the crime of this case appears to have been committed contingently, such favorable circumstances, such as the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and the scope of recommended sentences (three to five years) for the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Commission (Scope of recommending punishment) [3 to five years] for the aggravated area (3 to five years for habitual injury, repeated injury, special injury] [Special Mitigation] for the punishment of the victim [Special Mitigation]], and the cruel and cruel criminal law, the defendant's assertion that the above defendant's punishment is unreasonable is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. The Punishment of Violences, etc. Act with respect to the facts constituting an offense;