폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
3.Provided, That this judgment has become final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the defendant has the record of being sentenced to a suspended sentence of imprisonment for the same crime, and the crime of this case was committed by the defendant carrying dangerous objects or jointly with other persons without any justifiable reason under the influence of alcohol and causing injury to the victims. However, the crime of this case was committed in bad condition and the criminal intent of the defendant. However, the defendant agreed to the victim in the first instance and agreed to the victim in full view of the fact that the defendant was aware of the crime of this case, and the victim's mistake was in depth, and the degree of injury suffered is relatively minor, the defendant was a family member to support, and other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., the punishment of the court below 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 257 (2) of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);
1. Suspension of execution is advantageous to the grounds for reversal under Article 62(1) of the Criminal Act.