폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
The court below dismissed the prosecution on the ground that the victim J has withdrawn his wishing to punish the defendant after the prosecution of this case, among the facts charged in this case.
However, as to the conviction portion of the court below, the defendant appealed only on the ground of unfair sentencing, while the defendant and the prosecutor did not appeal the dismissal portion of the public prosecution, and the scope of this court's trial is limited to the conviction portion of the court below.
Summary of Grounds for Appeal
The punishment of the court below (one year and six months of imprisonment, 40 hours of completion of sexual assault treatment programs, and 2 years of disclosure of personal information) is too unreasonable.
Judgment
It is disadvantageous that the defendant can be punished for the same kind of violence and indecent act by force, including suspended execution.
However, given that the Defendant’s mistake is recognized, the degree of indecent act by compulsion or injury is relatively minor, the fact that all victims agreed to reach this court is advantageous to all the victims, and other factors of sentencing as shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is unreasonable and thus, the Defendant’s above assertion is reasonable.
Thus, the defendant's appeal is reasonable, and the guilty part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the 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. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act as to facts constituting an offense, and Article 257(1) of the Criminal Act shall be an injury to carry dangerous articles;