폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The part of the accused case shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this shall not apply.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unreasonable.
2. The instant case is that the Defendant committed a crime repeatedly against the victim who had a relationship with the Defendant over a considerable period of time, and even if considering special relationship between the Defendant and the victim, the quality of such crime cannot be deemed to be light.
However, the court below sentenced the sentencing too much considering the following circumstances, i.e., taking full account of the results of the sentencing review, such as the sentencing investigation in the trial at the court, i.e., the defendant graduated from the university and college with an emphasis on his studies in good faith, and there was no record of previous punishment, and the defendant was detained for not less than six months since the 6th day of the trial at the court of the first instance on the date of the trial at the court of the trial at the court of the first instance, and there was a misunderstanding as to the part that was partly disputed since the investigation agency at the court of the first instance, and the physical and property damage suffered by the victim was not excessive, but the defendant did not have any emphasis on the fact that the defendant did not receive a letter from the victim, but has made efforts to reach an agreement, and the defendant expressed that the representative of K, who is the employer of the defendant, would not receive support and leading the defendant and did not have any risk of recidivism as the defendant completely liquidated the relationship with the victim, and considering the motive and background of the crime in this case, the defendant's age and circumstances.
3. In conclusion, the part of the judgment below regarding the accused case among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are as follows. The summary of the evidence is "1. Defendant" column.