특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
, however, for a period of 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 six months, two years of suspended sentence, and two hundred hours of community service order) of the court below is too unreasonable.
2. The judgment of the Defendant, which is a dangerous object, has caused injury to the victim by treating the victim’s head several times through a water reservoir, which is a dangerous object, and the nature of the crime is not weak.
However, it is necessary to consider the fact that there is no specific criminal punishment except that the defendant has been punished once due to drinking driving, the victim expressed his intention not to punish by mutual consent with the victim during the investigation, and the fact that the defendant is a senior citizen of the society who has recently been employed in the first workplace.
Examining the aforementioned circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below is deemed to be too unreasonable.
Therefore, the defendant's assertion of unfair sentencing 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 appeal by the defendant is again ruled as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The foregoing consideration shall be given in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the preceding reason for sentencing)
1. Scope of applicable sentences under law: Six months to five years; and
2. Prior to the decision on the sentence, various circumstances stated in the part on the Defendant’s argument of unfair sentencing are examined.