특수존속상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (two and half years, six months, and confiscation) on the gist of the grounds of appeal is too unreasonable.
2. The fact that the content of the crime of bodily injury resulting from the occurrence of an anti-humanistic and special injury is grave is disadvantageous to the Defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant made a confession from the investigative agency to the investigation agency, and the victim D does not want to be punished against the defendant, the victim victim D does not want to be punished, and the victim F does not wish to have a serious degree of injury, and the fact that the victim wants the defendant's wife against the defendant, and there was no record of punishment heavier than a fine for the same kind of crime, the punishment sentenced by the court below is undue than the extent of the defendant's responsibility, and thus, it is unreasonable to accept the defendant's unfair argument for sentencing.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled through a new theory of change.
【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, as stated in the corresponding column of the judgment of the court below, and the summary of evidence are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 258-2 (1), Article 257 (2) of the Criminal Act (the point of an injury in special existence), Article 144 (2) and (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of an injury caused by a disturbance in the performance of special duties) of the relevant Act;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of two crimes prescribed in the crime of injury and injury resulting from obstruction in the execution of special duties as stated above, with heavier punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Act on the observation of protection, medical treatment, custody, etc.;