특수상해
All appeals filed by prosecutors and defendants are dismissed.
1. The prosecutor asserts that the defendant is too unfased, too unfased and unfair for the reason of appeal concerning the punishment (one year and six months of imprisonment, three years of suspended execution, and three hundred hours of social service) declared by the court below.
2. In a case where there is no change in the conditions of sentencing compared to the first instance trial, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is highly dangerous that the method of the instant crime is very dangerous, and there is a high possibility of criticism against the Defendant as much as the degree of damage is serious.
However, the defendant did not want the punishment of the defendant by unanimous agreement with the victim, and the family members of the defendant also want to take the action against the defendant.
The court below has already determined a punishment in full consideration of these various circumstances, and there is no special relationship or change of circumstances that can be newly considered in the trial.
In addition, when comprehensively taking into account the defendant's age, family relation, economic situation, relationship with the victim, motive and background of the crime, and circumstances after the crime, the sentence imposed by the court below shall be appropriate, and it shall not be deemed unfair because it is too heavy or unbrupted.
3. According to the conclusion, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.