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.
except that, for three years from the date this judgment becomes final and conclusive.
1. The sentence of one and a half years of imprisonment sentenced by the court below is too unreasonable.
2. The judgment of the court below is based on the following facts: the crime of this case was committed by a person who was in danger of the defendant, thereby inflicting bodily injury on the victim by getting the head of the victim's disease; the crime of this case was committed in light of the method and method of the crime; however, the degree of injury of the victim is relatively insignificant; the defendant deposited 70,000 won in the court below to compensate the victim's injury; and the defendant deposited 70,000 won in the court below to deposit 50,000 won additionally in the court below; the crime of this case appears to be against the situation that some of the circumstances appear to have been taken into account as the mutual vision between the defendant and the victim; and the defendant's age, character and behavior, environment, motive, circumstance before and after the crime, etc., the sentence imposed by the court below is deemed to be unfair because it is too excessive. Thus, the defendant's above assertion is justified.
3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited 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
1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( considered for repeated normal consideration in light of the above judgment);
1. Probation under Article 62-2 of the Criminal Act;