특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 1 shall be confiscated.
1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. The crime of this case was committed on the ground that the Defendant told that he would have neglected himself from the injured person, and thus, caused the injury by leaving the back head and the part of arms of the injured person away, and in light of the risk of the act and the degree of the injury inflicted on the injured person, etc., the crime was serious, and the fact that the Defendant was punished as an act of violence including a criminal record, is disadvantageous to the Defendant.
However, the fact that the defendant recognized the crime of this case and reflected, the defendant appears to have committed the crime of this case contingently, and the victim's harassment was committed while living together with the victim and there are some circumstances to consider the motive of the crime and the circumstances before and after the crime, and the victim does not want the punishment of the defendant from the investigative agency.
When making a statement, the defendant submitted a written application for the correction of the defendant's wife to the agreement and the defendant. In addition, considering the defendant's age, sex, environment, family relationship, etc., the court below's punishment seems to be somewhat unreasonable and unfair. Thus, the defendant's argument is reasonable.
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 reversed and it is again decided 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. We examine the reasons for sentencing under Article 48(1)1 of the Criminal Act.