폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. In the crime of this case, the crime of this case is likely to inflict an injury on a victim requesting the payment of the price sealed by the defendant. After that, the victim suffered another injury because the victim was frightened in the eye of the victim in order to reach agreement on the crime of the above injury. The defendant who is obligated to repay his obligation is rather not sufficient to commit the crime by repeatedly inflicting an injury on the victim. The defendant takes part in the victim's name and face part during a long period of time and takes part in the victim's face face part, and unilaterally assaults the victim's face, and takes part in the method and means of causing an injury, such as unilaterally assaulting the victim's face, etc. The crime of this case more than two times, the victim committed the crime of this case, which results in significant result after suffering an injury, such as dyp, escape of glass body, and floor cutting, even though the defendant was committed during the period of repeated crime, the defendant committed the crime of this case, and criminal punishment is disadvantageous to the defendant, including four times the same criminal records.
On the other hand, the fact that the defendant repents his wrong and seriously reflects the defendant's wrong, the defendant was in the first instance and agreed with the victim, the victim is not wanting to punish the defendant, the defendant is a family member to support the defendant, the elderly is not good, the defendant's health status is not good, the defendant's spouse is leading, and the defendant's will want to leave his wife is favorable to the defendant.
In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, family relation, environment, occupation, etc., the sentence imposed by the lower court is somewhat unreasonable.