특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, confiscation) of the lower court is too unreasonable.
2. The lower court, based on the favorable circumstances, determined a sentence by taking account of the following factors: (a) the Defendant led to the confession and reflect of the instant crime; and (b) the fact that there was no record of punishment in the Republic of Korea; and (c) the fact that there was a high risk of committing the instant crime using fingers against
However, in light of the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim during the appellate trial, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.
Therefore, the defendant's argument is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 369 (1), 366, and 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense and Articles 369 (1), 366, and 257 (1) of the multiple-choice Act;
1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on probation;
1. Determination of the sentence as stated in the Disposition on the ground of sentencing under Article 48(1)1 of the Criminal Act as to the allegation of unfair sentencing on the grounds of sentencing is based on the same reasoning as the above.