폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the original judgment is too unreasonable.
2. The judgment of the court below is unfair in full view of the following factors: (a) the defendant has a depth of his mistake and reflected against himself; (b) there is no history of criminal punishment exceeding a fine after 191; (c) the victim’s bereaved family members and the bereaved family members wanted to take the Defendant’s preference; (d) the Defendant’s punishment system is leading the Defendant; (c) the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court Sentencing Guidelines established by the Sentencing Committee is violence crime group from January and June to February; (d) the special injury type 1; (e) the special injury type 1; (g) the special injury type 1; (g) the decision of the recommended area; (g) the scope of the recommended sentence (i.e., the sentencing area); and (v) the major pride and pride factor that can be suspended: the punishment was not imposed; and (g) the sentencing conditions of the defendant’s age, character and behavior, environment, motive, means and consequence after the crime.
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;