폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
(b).
1. The summary of the grounds for appeal is too heavy (two years of imprisonment for the defendant A, and one year of imprisonment for the defendant B).
2. Determination:
A. As to the Defendant’s assertion, the Defendant, in collaboration with Co-Defendant B, E, and name in a non-fluorous manner and without any justifiable reason, embling the victim in a non-discriminatory manner or embling the victim several times with wire waste bags. The victim, etc., due to the foregoing ta of the Defendant, etc., embrys the bones, embling the bones, or embling the right eye, and suffered deep conditions to the bones of the head.
피해자는 머리를 100바늘, 콧대콧등눈 아랫부분 등을 30바늘 각 꿰매는 수술을 받았다.
Considering the details of such crimes, the degree of damage to the victim, and the fact that the defendant had a past record of criminal punishment several times for violent crimes, the sentence of sentence is inevitable for the defendant.
However, in full view of the facts that the defendant led to his criminal act, that the victim did not want the punishment of the defendant, that the defendant must be supported by the defendant, that there is the wife and awareness of the defendant, and that there are various sentencing conditions shown in the argument of this case, the judgment of the court below is somewhat inappropriate.
Although the range of recommending punishment for special injury according to the sentencing guidelines of the Supreme Court is from 2 years to 4 years, the sentencing guidelines should be set aside by considering the above sentencing conditions favorable to the defendant.
[Determination of Punishment] Habitual Injury, Bodi Bodi Bodi Bodily Injury, Special Bodily Injury (Special Bodily Convicted Person): Reduction element of Punishment, Aggravation of Punishment, Aggravation of Aggravation: Imprisonment with prison labor for 2 years to 4 years (Basic Area)
B. As seen earlier in the judgment on Defendant B’s assertion, the damage suffered by the victim due to the instant crime is very large, the Defendant voluntarily led to his crime, and the Defendant is the same as the same.