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, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the gist of the Defendant’s grounds of appeal (unfair form of punishment) and the fact that the Defendant is against the wrongness of the Defendant, etc., the lower court’s sentence that sentenced the community service order for two years, three years of suspended execution, and 120 hours is too unreasonable.
2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the Defendant, the sentence of the lower court is unreasonable, since it is judged that the said assertion is unreasonable, since it is without merit, and it is reasonable for the lower court to have considered the motive of the instant crime and the background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and the character and conduct of the Defendant as shown in the instant records and arguments.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, where a person commits a crime, or where a person inflicts bodily injury, carrying a dangerous object as a judgment of the choice of punishment:
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;