폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
For the purpose of excessive (No. 1) seized and vehicle maintenance.
1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.
2. The injury suffered by the victims is limited to eight weeks and four weeks respectively, and in particular, there may be possibility that the victim J might have been in danger of life depending on the part of the injury. This case is an undiscriminatory injury to the victims without any special reason. It is a sentencing factor unfavorable to the Defendant.
However, in full view of the following: (a) the Defendant’s mistake was divided from the investigative agency to the court; (b) the Defendant did not have the same criminal record as to injury and damage to the Defendant; and (c) the agreement was reached between the Defendant and the victims at the time of the trial; and (d) the Defendant’s age, character and conduct, environment, circumstances leading to the instant case; and (e) circumstances after the commission of the offense and the sentencing conditions specified in the instant argument, the sentence imposed by the lower court against the Defendant appears to be somewhat unreasonable; and therefore, (b) the Defendant
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article on criminal facts, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 3(1)1 of the Criminal Act, Article 366 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and imprisonment with prison labor;