특수존속상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The judgment of the Defendant inflicted an injury on the victim B, who is the captain, with knife, and the victim C, who is the spouse of the Defendant, also sustained an injury.
Since the crime of this case is limited to the lineal ascendant and spouse of the spouse, the nature of the crime is not good.
The defendant has worn a knife, which is a dangerous thing, and due to this, there was a serious accident of human life.
In light of this, the criminal liability of the defendant is not easy.
However, the defendant recognized his mistake, and the defendant has the time to reflect by living in custody for more than nine months.
There is no criminal offense exceeding the fine against the defendant.
In addition, the victims are not punished by the defendant by mutual agreement with the victims for the time of the trial.
In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.
3. Since the appeal by the defendant is well-grounded, 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.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (2) of the Criminal Act (the point of injury sustained by any special ascendant), Articles 258-2 (1) and 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The suspension of execution is advantageous to Article 62(1) of the Criminal Act;