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.
Daegu District Prosecutors' Office No. 1793, 2014.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment and confiscation) is too unreasonable.
2. The crime of this case is a situation favorable to the defendant, where the defendant, who was a deadly weapon, laid the chest of the victim, was a dangerous crime that could have been lost the victim's life, and where the defendant had records of committing violent crimes, etc., it is unfavorable for him to do so.
In full view of these circumstances, Defendant’s age, character and conduct, intelligence and environment, relationship with victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court 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 concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The conditions of sentencing prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act are comprehensively determined as per Disposition.