특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (one year of imprisonment with prison labor) declared by the court below, and the prosecutor asserts that the above punishment is too unfeasible and unfair.
2. We examine the reasoning of the judgment and the prosecutor together.
However, each of the instant crimes was committed against a victim living together by using excessive violence, such as inflicting an injury on him/her in the course of intending to cover a part of a knife. In light of the circumstances of the crime, method, relationship with the victim, risk, etc., the crime is very poor in light of the nature of the crime, and the degree of the victim's injury is not less than that of the victim. However, the defendant recognized his/her mistake and reflects against him/her, and the victim did not want to be punished against the defendant by mutual consent with the victim at the time of the first instance, and the defendant did not have any record of criminal punishment other than those sentenced to a fine once due to the violation of the Road Traffic Act (driving driving) in 2014, and all of the sentencing conditions of the instant case, including the defendant's age, sex, environment, family relationship, method, frequency of the crime, relationship with the victim, etc., and the circumstances after the crime, etc., the court below's decision is unreasonable in full view of the following circumstances.
3. According to the conclusion, the appeal by the defendant is without merit, and the decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the prosecutor's appeal is without merit, but is identical to the defendant's appeal and the subject of appeal is identical to the defendant's appeal and the judgment of the court below is reversed based on the defendant's appeal, so the prosecutor
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, thereby citing them as it is.
Application of Statutes
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;