특수폭행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, three years of suspended sentence, observation of protection, community service, and confiscation) is too unreasonable.
2. Considering the fact that the crime of this case was committed by the Defendant with a knife, which is a dangerous thing, and that the nature of the crime is not somewhat weak due to the assault against the victim who is in an internal relationship with him/her, the crime of this case should be punished strictly.
However, on the other hand, the court below's punishment is too unreasonable in light of the following: the defendant's recognition of the crime of this case and the mistake against the defendant; the defendant seems to have reached a contingent crime under the influence of alcohol; the victim did not want the punishment of the defendant; the defendant's economic situation seems to be difficult; the defendant's family members want to grow up with the defendant's preference; the defendant's family members want to grow up with the defendant's wife; and other various sentencing conditions specified in the records and arguments, such as the background of the crime of this case, the defendant's age, sexual behavior, environment, etc., and the defendant's argument is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, and the choice of punishment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);
1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;