특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. Determination of the abstract of the grounds for appeal (a year of imprisonment with prison labor, two years of suspended execution, and 160 hours of community service) is unreasonable;
2. The sentence imposed by the court below is within the scope of the punishment imposed by the court below and the scope of the revised punishment according to the sentences according to the attached sentencing guidelines (one to six months of imprisonment).
In consideration of dolusent criminal intention, victim's wife, etc., the punishment was determined in consideration of the risk of crime and degree of damage.
However, considering the factors of sentencing, the amount of the original sentence imposed by the community service order while suspending the execution of imprisonment when considering the circumstances after the crime is considered, it is recognized that the amount of the original sentence imposed by the community service order is inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
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 for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;