특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The crime of this case is determined by the following circumstances: (a) the Defendant committed the instant crime: (b) the victim’s head and the victim’s injury was extremely poor; (c) the victim’s injury was serious; and (d) the victim committed the instant crime three times due to the instant crime; (b) the victim performed the instant crime, and (c) the additional surgery is needed in the future, on the grounds that the Defendant took a warning that tobacco would be smoked from others; and (d) the victim inflicted an injury by affixing the victim’s hand on the shoulder part of the shouldered part; and (e) the victim committed the instant crime.
However, the court below deposited 18 million won in favor of the defendant for the victim (the trial record No. 62, 137, 144, 147 pages) in the appellate court, and submitted a written application to the effect that the victim would have disturbed the defendant's return to the society by agreement with the victim (the defendant's appeal of July 14, 2017 is accompanied by a reference document attached to the reason of appeal of July 14, 2017, the defendant did not have any record of criminal punishment in the Republic of Korea, and the family relation is maintained because the defendant's family members want to leave the defendant's preference.
In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, the sentence of the lower court is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Judgment which is used again] criminal facts.