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.
1. The summary of the grounds for appeal is too unfeasible that the sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, 40 hours of alcohol therapy, and 120 hours of community service) is too unfasible.
2. Determination:
A. It is recognized that the Defendant recognized all of the instant criminal acts from the investigative agency to the present law, including the fact that the Defendant appears to have caused the instant criminal act by contingency to the tactical, that the degree of injury to the victim is relatively minor, and that the Defendant is currently living in urology.
B. However, the crime of this case, however, is a small-scale disease, which is a dangerous object solely for the Defendant’s minor intent to the victim’s speech, and the crime of this case’s head of the victim’s head is not exceptionally considered in light of the motive, method, and method of the crime.
In particular, the defendant has been punished 20 times due to the violation of the Punishment of Violences, etc. Act, the crime of bodily injury, the crime of assault, and the crime of bodily injury by assault, etc., and the punishment for the same crime has been executed one time and five times of suspended execution, and there is a record of being sentenced to a fine for the reason of assault, etc. in addition to the case in 2012
Since 2007, the criminal records of the accused are as follows:
① A fine of KRW 700,000 due to the crime of assault or bodily injury on March 2, 2007 ② A fine of KRW 2 million due to the crime of assault or bodily injury on April 10, 2009 ③ A fine of KRW 800,000 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) on August 21, 2009 ④ A fine of KRW 6 months due to the crime of violation of the Punishment of Violences, etc. Act (Crime of Intimidation, etc.) on December 23, 2009, five years under the suspension of execution, five years under the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers) (Crime of Violence on May 11, 2011). In light of the aforementioned crimes, the Defendant seems to have considerable violent tendency in light of the crime between the above crimes, etc.
Furthermore, in addition to these circumstances, the defendant's age, character and behavior.