폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The remainder, excluding the dismissal of prosecution against the defendant, shall be reversed.
Defendant shall be punished by imprisonment.
1. The sentence of imprisonment with prison labor (two years and six months) by the court below is too unreasonable.
2. In light of the circumstances such as the use of violence against a large number of victims, the degree of damage of victims, the defendant has a large number of criminal records, and the defendant is deemed to have violent inclinations as he/she appears to go beyond violent crimes, there is a need to strictly punish the defendant.
However, considering the fact that each of the crimes of this case is a contingent crime, that the defendant suffers from depression and requires treatment, that all of the victims agreed with the victim, and that the defendant repents his mistake in depth through confinement life for about six months, the defendant's age, character and conduct, intelligence and environment, circumstances leading to this case, circumstances leading to this case, and various circumstances that form the conditions for sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 257(1) of the Criminal Act of the choice of punishment (the point of injury), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 3(1) and 2(1)1 of the Criminal Act, Article 366 of the Criminal Act, the Criminal Act.