특수상해등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The circumstances favorable to the Defendant include: (a) there was no criminal record exceeding the fine imposed on the Defendant; and (b) there was no criminal record since 1997 until now; and (c) the fact that the Defendant recognized the instant crime and reflected against the Defendant.
On the other hand, the crime of this case is a kind of so-called "sypt violence". Since the crime continues for a long time or is highly likely to continue for the special relation between the perpetrator and the victim, there is a growing need for early intervention in criminal justice and prevention of recurrence of similar crimes through severe punishment against the perpetrator. The defendant carried dangerous objects and assaulted the victim, and carried dangerous objects one month after the damage of the victim's property, and inflicted an injury on the victim. In this case, the above crime of this case appears to have the characteristics of sypt violence. In particular, in relation to the crime of special injury, the defendant assaults the victim over one hour and inflicts an injury during that process, and did not reach an agreement with the victim.
In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.
1. Scope of punishment by law: One to fifteen years of imprisonment;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;
(b) Crimes of Article 2 (Special Bodi Injury) (Special Bodily Injury Determination) (Special Bodily Injury and Bodi Bodily Injury) (Type 1): Special Bodi Injury (Special Bodily Harm) mitigated element: Insignificant injury (the area of recommendation and recommendation range), mitigated area, imprisonment with labor for four months to one year;
(c) Type 3 of crime (damage and damage to property);