폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
A seized kitchen (No. 1) shall be confiscated.
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (two years of imprisonment, confiscation) is too unlimited.
2. The Defendant committed the instant crime with a knife, which is a dangerous thing, and obstructed the legitimate performance of duties of public officials D of the court in relation to compulsory execution, and committed an injury to the victim F by carrying the said deadly weapon for about two weeks, and the Defendant’s liability for the instant crime is not minor. The Defendant committed the instant crime even though he/she was sentenced to imprisonment with prison labor for six months on February 5, 2014, for a period of suspension of execution after having been sentenced to a two-year suspension of execution on the grounds of the crime of bodily injury on February 5, 2014. The Defendant already committed the instant crime while he/she had been serving for a period of suspension of execution. In light of the fact that the Defendant had already been punished for several crimes, such as violation of the Punishment of Violence, etc. Act, larceny, bodily injury by rape, crime of bodily injury, crime of special intimidation,
However, the court below's punishment is unreasonable in light of various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments and the records of this case, considering the following factors: (a) the defendant's mistake was recognized in the first instance trial; (b) the victim F, E, and the victim do not want the punishment of the defendant; and (c) the defendant's wife deposited money to the victim D by depositing the money for the victim D; and (d) the defendant's wife made efforts to recover from the damage caused by the victim D, etc.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again as follows.