폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a prison term of three years of probation and a fine of three million won in one year and six months of imprisonment, a probation, and a community service order and confiscation of one hundred and sixty hours) is too unreasonable.
2. Although the judgment of the court below was made against the defendant's mistake and it was already agreed upon by the court below, and the defendant has no record of a heavy punishment exceeding the fine in addition to the punishment imposed by the suspension of the execution of imprisonment in around 1996, etc. However, among each of the crimes of this case committed by the defendant, the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) among each of the crimes of this case committed by the defendant was committed an injury to the head or part of the victim, etc. of the victim. In light of such risk, there is a need for a strict punishment in light of such risk, and the defendant has already been punished by a fine in many times due to habitual gambling, etc., and the defendant has history of being punished by a fine in consideration of the motive and background leading up to each of the crimes of this case, the defendant's age, character and behavior, environment, occupation, family relation, etc., it cannot be deemed that the punishment of the defendant sentenced by the court below is too unfair.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.
However, it is evident that "the application of the law" of the judgment of the court below is a clerical error in Article 246 (1) of the Criminal Procedure Act, which is "the point of gambling" under Article 246 (1) of the Criminal Procedure Act. Thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.
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