폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentencing of the lower court (two years of imprisonment, three years of suspended execution, and 160 hours of community service order) is too unreasonable in light of the gist of the grounds for appeal.
2. The judgment of the court below is inappropriate in light of the circumstances unfavorable to the defendant, such as the size of the picture used for the crime of this case, the degree of injury to the victim, etc., or the fact that the defendant's mistake is against his own mistake when he acknowledged the crime of this case, the defendant agreed with the victim immediately before the judgment of the court below (the written agreement was submitted by the court below after the sentence of the court below). The defendant had no record of punishment or a heavier punishment than a suspended sentence, except for the probation suspended indictment prior to the previous indictment, and the defendant is placed under an economic difficult situation, and the defendant is likely to suffer difficulties in his livelihood if he issues a social service order for a long time, and other various circumstances, such as the motive and circumstance of the crime of this case, the circumstance after the crime of this case, the defendant's age, character and behavior, and environment, etc., which are the conditions for sentencing specified in the records and arguments of this case.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account circumstances favorable to the defendant in the preceding reason for reversal);
1. Article 62(1) of the Criminal Act (resumed circumstances favorable to the defendant) 1.