특수상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for six months, one year of suspended sentence, and 80 hours of community service order) is too unreasonable.
2. It is recognized that the judgment of the defendant recognizes and reflects the crime, that the degree of injury caused by this case is not much serious, and that the victim has agreed smoothly with the victim.
However, there is no special change in the circumstances to the extent that the court below determined the punishment in consideration of all the above circumstances and changed the punishment.
Although the result is not severe, the act of exposing the deceased to the victim is highly dangerous, and the defendant has been punished as an injury and obstruction of business in 2014.
Comprehensively taking account of such circumstances, Defendant’s age, sex, environment, and motive for committing the instant crime, it is difficult to view that the lower court’s sentence ordering community service is too unfair because the sentence was too unreasonable, when rendering a suspended sentence to the maximum imprisonment (six months of imprisonment) that reduced the amount of statutory penalty applied to the instant case.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.