폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The Defendant’s each of the instant offenses committed by the Defendant, on the ground that the victim living together frequently communicates with other women, assaulted the victim’s chests and necks by taking the victim’s chests and necks into the kitchen, and assaulted the police officers dispatched upon receiving a report, and the nature of the offense is not good.
However, the Defendant appears to have committed each of the crimes of this case in a situation where “a simple mental division” or drinking lacks the ability to discern things or make decisions due to lack of capacity to make decisions. The injury suffered by the Defendant due to the crime of bodily injury carrying a deadly weapon of this case is very minor, such as an internal inspection, etc. which requires treatment for about 14 days, and the victim does not want the punishment of the Defendant due to the serious injury. In relation to the crime of obstruction of performance of official duties of this case, the Defendant deposited 30,000 won to the above police officers at the trial, and the above police officers also filed an application for the 300,000 won with the Defendant’s preference at the trial. However, the Defendant’s application for the 1.5 million won for the obstruction of official duties in the past, etc. was submitted, and there was no prior conviction, and there was no other criminal records, and the Defendant’s depth was seriously against his own wrong living through detention for a considerable period of time, and the Defendant’s mental health and behavior after release and other circumstances.
3. Accordingly, the defendant's appeal is justified.