상습특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. Although the victim expressed his intent not to prosecute the part of the assault, the lower court did not dismiss the prosecution and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The Defendant committed the instant crime under the influence of mental and physical weakness, such as a disturbance to the division of labor, etc.
(c)
The sentence of the court below (two years and six months of imprisonment) is too heavy.
2. Determination
A. Although the fact is found that the injured party expressed his/her intention not to be punished against the Defendant at the lower court’s judgment, Article 264 of the Criminal Act, which provides for habitual assault crimes, among the facts charged in the instant case, does not apply Article 260(3) of the Criminal Act, which prevents the prosecution against the intent expressed by the injured party (see Supreme Court Decision 64Do687, Jan. 26, 1965). Thus, the lower court did not err by misapprehending the legal doctrine that the injured party convicted him/her of this part of the facts charged.
B. In light of various circumstances, such as the Defendant’s background leading up to the instant crime and his behavior before and after the instant crime, which is acknowledged by the record of judgment on the assertion of mental and physical weakness, the circumstance where the Defendant was receiving medical treatment due to disturbance, etc., is acknowledged, but the Defendant has failed to have the ability to discern things at the time of the instant crime, or
It does not seem that it does not appear.
(c)
The crime of this case as to the illegal argument of sentencing is committed by the victim who was nearest between the defendant and the victim or by carrying dangerous objects, and thus, the crime is not deemed to be a good crime in light of the method and content of the crime.
Although the defendant had been punished several times due to the same violent crime, he also committed the crime of this case during the period of repeated crime due to the crime of fraud.
However, the defendant fully acknowledges the crime of this case, and the victim agrees with the victim.