상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unfased and unfair.
2. The Defendant, as a result of an violent crime, has served 24 times a prison term of imprisonment with prison labor, including four times.
Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on December 3, 2010, and was sentenced to a fine on May 6, 201 after the execution of the sentence was completed, the Defendant committed the instant crime again immediately after the end of the period of repeated crime, even though 4 violent crimes were committed during the period of repeated crime, and again committed the instant crime.
The Defendant’s crime of this case resulted in a serious consequence, such as completely leaving three pets by drinking up the victim’s face on account of extreme death, and avoiding one pets. In light of the motive of the crime, details and result of the crime, the nature of the crime and the criminal intent are very serious.
Nevertheless, the defendant did not compensate the victim for the damage after the crime, and the victim wanted to punish the defendant with severe punishment.
In addition, the defendant did not comply with summons several times even though he knows that the investigation and trial are in progress.
In full view of these points, the sentence of the court below that sentenced the 6-month suspended sentence is too unfortunate and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor 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 as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the imposition of sentence for the option of imprisonment;
1. Type 1: General injury in the scope of the recommended sentence according to the sentencing criteria;