특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal against the defendant (one year and six months of imprisonment) declared by the court below is too unreasonable.
The sentence imposed by the prosecutor by the court below is too unreasonable.
2. The defendant and the prosecutor's arguments are examined together.
The crime of this case is committed on the prop timber, which is a dangerous object of the defendant, by lowering the head of the victim, and by gradation, causing injuries to the victim's body several times in need of eight-day medical treatment, and the nature of the crime is not good. The defendant has been punished twice as a suspended sentence, two times as a fine, and 15 times as a fine, and is punished four times as a fine due to violence, and the fact that the defendant was unable to agree with the victim and thus the victim wants to be punished is disadvantageous to the defendant.
However, in light of various circumstances, such as the fact that the defendant was unable to receive wages after receiving orders from the victim and reported to the police by the victim on the ground that the victim was unable to pay a fine or not, and the circumstances leading the defendant to commit the instant crime, etc., the defendant deposited KRW 7 million for the victim at the court of the trial, and the defendant reported to the 119 after the instant crime, and other various circumstances that form the conditions for sentencing specified in the records and arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate.
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 following decision is delivered
(No appeal by a prosecutor is well-grounded, but the decision of the court below is reversed by accepting the appeal by the defendant, and the appeal by the prosecutor is not dismissed separately from the disposition).