폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for two years;
3. However, for a period of three years from the date this ruling becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. 판단 피고인은 연인( 戀人) 인 피해자에게 여러 차례 폭력을 행사하고, 심지어 식칼을 들고 위협하면서 구타하기도 하였으며, 차량의 주 유구를 열어 불을 질러 버리겠다 등의 협박을 하고, 피해자의 학교로 찾아가 다 른 사람들 앞에서 차마 입에 담지 못할 욕설을 하면서 피해자를 자신의 차에 태운 다음 내리지 못하게 하여 감금하였으며, 헤어지려는 피해자에게 폭력을 행사하고, 피해자의 거주지로 찾아가 협박을 하였다.
The defendant's behavior can not be rationalizing for any reason, and the victim seems to have suffered from the unfortunate pain.
These points are disadvantageous to the defendant.
However, the Defendant’s perception of the entire crime of this case, thereby realizing and opposing that his behavior was wrong, and received a letter from the injured party by mutual consent with the injured party.
The defendant is a youth of the 20th century who has no criminal record, and there is much possibility that the defendant will become a healthy member of this society by improving his/her personality and behavior in the future, and it seems that social ties are clear.
In addition to these circumstances, considering comprehensively the conditions of sentencing as shown in the records of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the lower court’s punishment seems to be too unreasonable, and the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Criminal facts and the summary of evidence recognized by the court of this case] The judgment of the court below is erroneous.