폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The sentence of the court below against the defendant (two years of imprisonment, three years of suspended execution, 120 hours of community service order, confiscation) is too unfluent and unfair.
Judgment
Although the Defendant agreed with the victim G, and the mother of the Defendant, who is another victim, does not want the punishment of the Defendant, the crime of this case is serious that the Defendant, using a knife, inflicted an injury on the victims without any special reason. The Defendant, on May 15, 2012, suffered property damage, etc., and the Defendant had the record of receiving a summary order of KRW 3 million in the Suwon District Court’s Ansan Branch on July 4, 2012, taking into account the following factors: (a) the Defendant’s age, character and behavior, environment, circumstances after the crime, and circumstances after the crime, etc.; (b) the lower court’s punishment is somewhat unreasonable.
In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (2) and (1) of the Criminal Act, and Article 257 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;