특수상해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (one year of imprisonment and confiscation) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The circumstances favorable to the defendant are as follows.
In addition to a minor fine, the Defendant is a person who has no record of being sentenced to a suspended sentence or heavier punishment, and is against the view of committing each of the crimes of this case.
The circumstances unfavorable to the defendant are as follows:
The defendant carried a kitchen, which is a dangerous object on the ground that he did not receive a part of the lease deposit, and found the house of the victim E, and caused not only the victim F's face side to be damaged by knife and open wound around the snow that needs to be treated for two weeks, but also threatened the victim E by taking an attitude that the victim E would have any danger and injury. In light of the motive and means of the crime, the victim F's injury level and degree, etc., the crime is very poor.
The victims have failed to reach an agreement with the victims so that they want to take severe punishment for the defendant.
In addition, when considering the various factors of sentencing indicated in the records of the instant case, such as the Defendant’s age, sex, environment, motive, and circumstance after the crime, it is not recognized that the sentencing of the lower court is too heavy or it exceeded the reasonable scope of discretion by hurding it.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.