폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is as follows: (a) considering the following facts: (b) the instant crime was committed with the view to the escape room, which is a dangerous object of the Defendant; and (c) the fact that the nature of the instant crime was very serious, the sentence of the lower court that did not sentence the Defendant to the punishment (three years of suspended execution in one year and six months of imprisonment, two years of probation, two years of community service order, 240 hours of community service order, and 40 hours of an order to attend alcohol treatment course) is too unafford.
2. The judgment of the court below is based on the following facts: the crime of this case was committed by the defendant with a view to a view to raising the head of a woman of this case who was frighted with a view to the camping net and causing severe injury to the victim; thus, the crime of this case is not easy.
However, in full view of the examination results and the evidence of this case, it appears that the defendant committed the crime of this case because the victim, who is an employee of his factory, was unable to refrain from using the remaining appraisal of the victim, while living together with E during the period of confinement. The victim was able to use the defendant in depth during the period of detention and committing the crime of death at the court below, and the defendant was punished three times as an offender of violence, but all of the charges are punished by fine, but the defendant is actually under detention. Most of all, if the defendant who is operating the factory alone is detained, it is difficult to suspend the operation of the factory, the defendant's family as well as the victim's family, and the victim's family, etc. In addition, the court below imposed an order to attend community service and alcohol treatment in parallel with probation while suspending the execution of imprisonment with prison labor in consideration of the above circumstances. This seems to be an effective way to reduce the risk of recidivism and improve the defendant's drinking habits and violent tendency of the defendant, and there are other circumstances such as the defendant's age, character and behavior in this case.