폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All appeals by the defendant and the prosecutor are dismissed.
The gist of the grounds for appeal by the defendant is that the court below's punishment (one year of imprisonment) is too unreasonable, and the prosecutor's appeal's reasoning is too unfeasible and unfair.
The sentencing factors favorable to the defendant are the facts that the defendant confessions all of the crimes of this case and reflects them, and that the defendant seems to have committed the crime of this case by contingently.
On the other hand, it is an element for sentencing unfavorable to the defendant, such as the fact that the defendant used a kitchen, which is a deadly weapon, to inflict bodily injury on the victim, the degree of injury suffered by the victim is considerably significant, the defendant is unable to agree with the victim, and the defendant can have a record of punishment by violence.
In full view of the above circumstances and the Defendant’s age, sex, environment, and the circumstances and consequences of each of the instant crimes, as seen above, the lower court’s punishment against the Defendant is deemed appropriate, and thus, the Defendant and the Prosecutor’s assertion are without merit.
Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.