폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (two years of imprisonment) imposed by the court below on the defendant is too unhued and unreasonable.
2. There are extenuating circumstances such as the Defendant’s confession and reflection of the instant crime, and the victim’s mother, who is the victim, wanting the Defendant’s wife.
However, the Defendant had previously been sentenced to a fine of two million won for the crime of bodily injury on May 10, 199, a fine of one million won for the crime of bodily injury on June 18, 2009, and a fine of one million won for the crime of bodily injury on existence on June 18, 2009, and one year of imprisonment for the crime of bodily injury on existence on November 15, 201. In particular, the Defendant was sentenced to one year of imprisonment on November 15, 201, and was sentenced to one year for the crime of bodily injury on November 4, 201, and even after the execution of the sentence was completed on November 4, 201, and had committed each of the crimes of this case, such as inflicting bodily injury on the victim with a lethal weapon without any special reason, and even if the Defendant had committed a repeated crime on November 4, 2012, it was extremely disadvantageous to the victim.
In addition, comprehensively taking account of the defendant's age, character and conduct, environment, relationship with the victim, the background, means and methods of the crime of this case, and the circumstances after the crime, etc., the court below's sentence imposed on the defendant seems to be somewhat unreasonable, and thus, the prosecutor's above assertion is reasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled 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. The relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (2) and (1) of the Criminal Act, and Article 257 (2) and (1) of the Criminal Act concerning the existence of an injury by a deadly weapon;