특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
No. 1 of the seized evidence shall be from the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of two years and six months and confiscation) is too heavy.
2. The Defendant did not agree with the victim even though he had been punished several times for the same crime, and even if he had been punished for repeated crimes, the Defendant committed the instant crime.
However, the Defendant led to confession and reflect on the crime of this case.
The crime of this case seems to have occurred in the course of drinking together with the defendant and the victim, and there are some circumstances to consider the circumstances.
The degree of injury of the victim is not very serious.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;