폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, three years of probation) against the Defendant is too unreasonable.
2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant agreed smoothly with the victim; (b) the Defendant recognized all the instant crime and reflects his fault in depth; and (c) the instant crime is an aspect that the victim first erobbbbbbbly induced a fighting; and (b) the Defendant was deemed to have failed to participate in flab and committed contingently under the influence of alcohol; and (c) there are circumstances that may be considered in the course of committing the
However, the crime of this case is deemed to have been committed by a beerer who is dangerous for the defendant, thereby causing injury to the victim's head, and the nature of the crime is not weak, and thus requires a strict punishment. The statutory punishment for the crime of this case is "limited to imprisonment for not less than 3 years". The court below sentenced to a suspended sentence of 3 years in 1 year and June, which is the lowest mitigation after taking into account the favorable circumstances of the defendant, and considering the criminal records that the defendant was punished twice by violence, etc., the necessity of probation is recognized, and taking into account the criminal records that have been punished twice by a suspended sentence and a large number of fines, and the risk of recidivism, etc., such as the defendant's age, happiness, family environment, circumstances before and after the crime, etc., the court below's punishment against the defendant 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.