폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability due to drinking at the time of committing each of the crimes in paragraphs (b) and (2) of this case.
B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. In full view of the circumstances leading to each of the crimes under paragraphs (b) and (2) of this case, the defendant, recognized by the evidence duly adopted and examined by the court below, was found to have a considerable drinking condition at the time of the crime, but it does not seem that the defendant had a weak state of ability to discern things or make decisions. Thus, the defendant's above assertion is rejected.
B. Regarding the assertion of unfair sentencing, the crime of this case is not less than the nature of the crime and the crime of this case in light of the contents of the crime by using dangerous articles to inflict bodily injury on the victim or let the victim do not have any obligation. However, the defendant deposited 3 million won for the victim at the time of the trial, it is difficult to view that the damage caused by the crime of this case is relatively serious, and the defendant personality and behavior, environment, motive, means and result of the crime, etc., and considering the various conditions of sentencing as shown in the arguments such as the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstance after the crime, etc., the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is justified.
3. In 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 with merit.
【Judgment of Second Instance】 The court shall have jurisdiction over the facts constituting a crime and the summary of evidence.