특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.
2. The crime of this case is recognized that the Defendant inflicted bodily injury on the victim, knife and knife, which are dangerous objects, and that the risk of the act was significantly high, the degree of damage is not easy, and that the Defendant was punished twice for the same kind of crime.
However, it seems that the defendant has committed a crime of this case in a somewhat contingent and contingent manner, and it seems that his mistake has been seriously divided because he has been detained for not less than five months due to this case, and that the victim does not have a punishment for the defendant, and all of the sentencing conditions stated in the records of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (a period of six months to one year) (a year of imprisonment).
1. Scope of punishment by law: Six months to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated offense injury [the category 1] special injury [the special person] mitigation element] or considerable damage is recovered [the scope of the recommended area and the recommended punishment] mitigation range], the reduction range of imprisonment from April to one year [the scope of the recommended punishment revised according to the applicable sentencing range] from June to one year (the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, and the reasons for suspending the execution of punishment are different from the statutory minimum limit of the applicable sentencing range] - Major pride reasons: the punishment is not imposed (including serious efforts to recover the damage), - there is no special contingency, serious reflectness, or criminal conviction above the suspension of execution.