폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant reflects the Defendant’s depth in committing the crime; (b) the Defendant agreed smoothly with the victim; and (c) the location of the victim’s serious injury.
On the other hand, the defendant damaged the vehicle managed by the victim with the brick, which is a dangerous object, and inflicted an injury on the victim in the air due to the decline, and in light of the circumstances of the crime, the danger of the method of the crime, the result, etc., the crime quality and the poor circumstances are disadvantageous.
In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.