특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (a prison term of eight months, confiscation) on the summary of the grounds of appeal is too unreasonable.
2. The crime of this case in light of the circumstance and method of the crime, and the degree and degree of injury, etc., the crime of this case is deemed to be bad in light of the following: (a) the defendant, at the end of a minor vision, was deprived of the victim and inflicted bodily injury on the victim.
The defendant's act seems to have suffered serious physical and mental pain.
However, in full view of the fact that the defendant recognized the crime of this case and reflects the depth of the defendant, the defendant deposited KRW 6 million at the court below for the victim, and that the defendant deposited at the court below for the victim, and that there is no particular criminal history other than the defendant's punishment once for the crime of this case, and the defendant's age, sexual conduct, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the sentence of the court below is too unfair.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the consideration of the favorable circumstances as seen above in the judgment on the grounds for appeal);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in the judgment on the grounds of the above appeal);
1. The community service order under Article 62-2 of the Criminal Act;
1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.