폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant is divided into and reflected in the crime of this case.
The defendant seems to have committed the crime of this case in a drunken manner.
The defendant deposited 500,000 won for the victim in the court below.
The defendant supports his/her old children and wife.
Circumstances unfavorable to the defendant are as follows:
During the fighting with another person, the defendant was faced with the injury of the victim due to the fighting of the victim's head due to the fighting.
The defendant did not reach agreement with the victim and the victim was punished for the defendant.
The defendant has been sentenced to criminal punishment on several occasions for violent crimes, and the defendant has been sentenced to punishment on two years and six months for the crime of bodily injury resulting from forced indecent acts in 2004 and has been sentenced to criminal punishment.
There is no change in circumstances that would change the punishment of the court below for the first time.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.