폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of the community service order) is too unreasonable.
2. Although there is room for considering the fact that the Defendant’s mistake against the Defendant and agreed with the victim, the statutory penalty for the instant crime is imprisonment with prison labor for not less than three years, the lower court sentenced to discretionary mitigation by taking account of the circumstances favorable to the Defendant, and there is no change in the special circumstances or circumstances that may be newly considered in the sentencing in the trial. The instant crime was committed by the Defendant by causing the injury of the victim to the Defendant’s head due to his illness without any special reason, and the nature of the crime was bad, the Defendant has the same criminal records, and other various circumstances that form the conditions for the sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.