특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
One knife (No. 1) of seized phrases shall be confiscated.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was physically and mentally weak at the time of committing the instant crime.
2) The lower court’s improper sentencing is too unreasonable.
B. The lower court’s sentencing is too uncomfortable.
2. Determination
A. According to the records on the Defendant’s argument of mental and physical weakness, even though the Defendant is deemed to have a disability with alcohol usage disorder, border character disorder, and other friendlyness disorder, in light of the circumstances indicated in the instant argument, such as the background of the instant crime and the Defendant’s act before and after the instant crime, the Defendant had weak ability to discern things or make decisions.
Therefore, the defendant's above assertion is without merit.
B. It is recognized that the defendant's wrongful determination of the sentencing of the defendant and the prosecutor is divided into his or her errors, and the defendant does not have any criminal records exceeding the same criminal records or fines.
However, the crime of this case is deemed to be unfair in light of the following circumstances: (a) the defendant was knifeed by the victim who was knife on the ground that the defendant was bad, without any reason; (b) the nature of the crime is not very high; (c) the victim did not recover or reach an agreement up to the trial even though the degree of the victim's injury was very serious; and (d) the victim did not want to recover or reach an agreement until the trial was serious; and (c) other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means, and consequence of the crime; and (d) the court below's punishment is deemed to be too unreasonable; and (e) the prosecutor's allegation above is without merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.