특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. In light of the victim's physical and mental shock, as the court below explained in the unfavorable circumstances against the defendant, the method of the crime is very harsh, the degree of injury suffered by the victim is serious, and the victim's physical and mental shock due to confinement is not less severe, and there is a need for punishment corresponding to the defendant's responsibility.
However, in light of the Defendant’s age, character and behavior, family environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable, considering the following factors: (a) the Defendant committed each of the crimes in this case; (b) there is no specific punishment power other than the one-time suspension of indictment; (c) there is no specific punishment power other than the one-time suspension of indictment; and (d) the victim and the victim wanted to take the Defendant’s wife against the Defendant; and (d) the victim agreed with the victim in the first instance.
3. In conclusion, 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 with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 278 and 276 (1) (a point of special confinement and choice of imprisonment) of the Criminal Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;