폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds of appeal of this case is too unreasonable.
2. The crime of this case is determined by taking into account the following factors: (a) the victim, who had performed the same alcohol as the defendant, was at the time of the victim's brupt male (500cc) and twice the head part of the victim E, the victim's injury (including the two parts requiring treatment for about 21 days), and (b) the victim was injured (the two parts requiring treatment for about 21 days, such as the two parts of the two parts, the two parts of the two parts, the two parts, and the two parts, etc. requiring treatment for about 18 days) in consideration of the risk that the victim, who had performed the same alcohol, might have caused any more serious result by using dangerous things, and in view of the fact that the punishment of the illegal act was serious, it is necessary to strictly punish the defendant.
However, the defendant is showing the attitude of the investigative agency to see all the crimes of this case and to repent his mistake in depth.
In addition, the defendant, while under the influence of alcohol, seems to have committed the crime of this case in a contingent manner, on the premise that the victims are under the influence of alcohol.
In addition, the defendant was the first offender who had no record of criminal punishment before the crime of this case, the victim E and the victim did not want to be punished for the first time in the trial, and the above victim deposited 1,60,000 won, which was the agreed amount at the time of the criminal mediation of October 15, 2014 for the victim F by the first time in the trial (it is difficult to see the above victim's agreement by entering the military unit). The defendant lives in a situation that makes it difficult for his parent's mother and child to be separated from his parents due to the parents' divorce at the time of seven death, the mother's father and the bridge are different due to the past traffic accident, and the health condition is not good, such as the victim E and the victim are under the operation of the sacrifies around 2014, and the body is inconvenient.