특정범죄가중처벌등에관한법률위반(보복상해등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
One knife (No. 1) for seized kitchens.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 had mental and physical weakness due to drinking at the time of the instant crime.
2) The sentence sentenced by the lower court to the Defendant (a three-year imprisonment, confiscation) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.
2. Determination
A. As to the Defendant’s assertion of mental and physical weakness, the lower court had already asserted the same purport as the Defendant’s assertion of mental and physical weakness, and the lower court rejected the Defendant’s assertion on the grounds stated in the column of “determination of the Defendant and the defense counsel’s assertion” in the judgment.
In light of the records of this case, the above judgment of the court below is just and acceptable.
Therefore, this part of the defendant's argument cannot be accepted.
B. As to each of the unfair sentencing arguments by the defendant and the prosecutor, the defendant has the following disadvantageous circumstances.
On July 17, 2015, the Defendant was sentenced to a suspended sentence of three years on July 17, 2015, on the grounds that “the Defendant carried dangerous goods and damaged the victim’s wife for the purpose of retaliationing the victim to take an investigation at the police station,” and was sentenced to a suspended sentence of three years on July 1 and June. In addition, the Defendant committed each of the instant crimes against the victim even during the suspended sentence period, which became final and conclusive.
In particular, the crime of injury to the purpose of retaliation of this case is not very good in light of the circumstances of the crime, the method of crime, the injury, the risk, etc.
In addition, the defendant has a record of criminal punishment for several violent crimes.
2) However, the defendant has the following favorable circumstances:
The defendant shows the attitude of recognizing and opposing each of the crimes in this case.
For the first time, a reasonable amount of agreement shall be paid, and the victim shall also agree with the victim.