특수상해
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (10 months of imprisonment, confiscation) is too unreasonable.
2. The fact that the judgment defendant has no record of criminal punishment in the Republic of Korea is favorable to the defendant.
On the other hand, the following is disadvantageous.
The crime of this case was committed by a shoulderer who is a dangerous object of the defendant, resulting in the injury of the victim's clothes, chests, etc. on several occasions. Since the crime of this case may cause a serious damage to the victim's life and body, the crime is a bad thing.
After the expiration of the period of stay in the Republic of Korea, the Defendant committed the instant crime under the circumstances where he illegally stays in the Republic of Korea.
There is no agreement with the victim, and there is no circumstance that makes any effort to recover damage.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, background of the instant crime, circumstances after the instant crime, etc., and various sentencing conditions as shown in the records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.