특수폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In light of the following: (a) the Defendant, who was sentenced to a punishment for a violation of the Punishment of Violences, etc. Act (joint conflict) identical to the instant case, committed the instant crime without being imprisoned even though he was in the period of repeated crime; (b) the risk of repeating the instant crime is highly high; and (c) the quality of the crime and the nature of the crime in light of the method of committing the crime are not somewhat weak, a sentence of sentence is inevitable
However, in light of the following factors: (a) the Defendant committed each of the instant offenses in the past in the trial, and (b) seems to have seriously been aware of the importance of the laws and regulations through confinement life remaining in the second month; and (c) the said victim was not punished against the Defendant by unanimous agreement with the victim E of special assault; and (d) other factors such as the Defendant’s age, character, character, environment, health conditions, motive for committing the instant offense, circumstances after committing the instant crime, etc., the lower court’s punishment against the Defendant 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Dao-written judgment] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are as follows. The summary of evidence in the judgment of the court below is the same as that of the judgment of the court below, except where the "written statement of the defendant in part of the first trial record" in the first trial record as "written statement of the defendant in the trial court" in the first trial record as "written statement of the defendant in the trial court of the court of the court below." Thus,
Application of Statutes
1. Article 261 of the Criminal Act, Articles 260(1) of the Criminal Act (the point of special violence) and Article 260 of the Criminal Act, which are applicable to the relevant criminal facts, the choice of punishment.