특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. The crime of injury of this case was committed by the Defendant with multiple scambling scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamsc
The Defendant committed the instant crime during the period of repeated crime.
On the other hand, although the defendant denied a part of the crime in the court below, the defendant is waiting for and opposing all the crimes in the trial.
After the pronouncement of the lower judgment, the Defendant paid KRW 6 million and agreed with the victim.
In addition, comprehensively taking account of the defendant's age, character and conduct, relationship with the victim, the background, means and result of the crime of this case, and all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the court below's punishment is considered unfair.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Reason used in the judgment below] Criminal facts and the summary of evidence are as stated in the corresponding column of the judgment of the court below. The summary of evidence is the same as stated in the corresponding column in addition to the fact that the first instance court's statement "the defendant's partial statement" among the summary of evidence of the judgment of the court below is "the defendant's oral statement at the court of the trial". Thus, it is cited in accordance with Article 3
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) and Article 258-2 (1) of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.