폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date the above judgment becomes final and conclusive.
1. The instant crime of this case in determining the grounds for appeal is an unfavorable circumstance to the Defendant that the Defendant, while threateningly threatening the victim to improve the structure of the victim, inflicted an injury upon the victim by cutting the victim’s neck, and is an act of considerable danger and not good in the nature of the crime.
However, the defendant divided the crime of this case, and the crime of this case was committed in order for the defendant to live together in the front house where D living in the past had been living in the past while under the influence of alcohol, and the victim who had been living in D and the victim who had been living in D to be able to breath in the room, and breadd and dred in the victim's items, but the defendant was able to inflict injury on the victim, but the defendant was bread with the intent to inflict the injury on the victim.
In light of the circumstances such as the fact that the victim's neck was cut even if the victim's neck was killed (the victim stated that the defendant was "abrupt," and the victim was "abruent," and the actual injury was required to be treated for about three weeks) in the court below, that the defendant deposited 3 million won for the victim at the court below and agreed smoothly with the victim, that there was no history of punishment or suspension of qualification or heavier punishment for the same crime, and that there was no history of punishment or suspension of qualification or heavier punishment for the same crime. In addition, considering the various sentencing conditions as shown in the records, it is unfair that the court below's imprisonment (two years of imprisonment) is too unreasonable.
2. 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.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as stated in the corresponding column of the judgment below, so the Criminal Procedure Act.