특수폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The judgment that the defendant recognized the crime of this case, the defendant was able to hear the desire from the injured party while engaging in a dispute with the injured party C, and the defendant committed the crime of this case in contingency and impulsely, the defendant did not display the knife at the time of the crime of this case, the victim did not have much knife, the victim did not want the punishment of the defendant from the investigation process.
It is clear that if the defendant is not punished, it would be difficult to take the family situation, and the defendant wishes to take the measures against the defendant, and that the defendant has no record of criminal punishment until now, it is favorable to the defendant.
However, the crime of this case is committed by using violence against the victim of the young age while carrying a knife, which is a dangerous thing of the defendant, and the nature of the crime is not good. The defendant has been subject to criminal punishment or family protective disposition several times due to violent crimes, and the defendant has committed the crime of this case again during the suspended execution period, even though he was sentenced to a suspended execution of imprisonment on July 18, 2014 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and other conditions of sentencing such as the defendant's age, sexual behavior, environment, family relationship, etc., it is judged that the punishment sentenced by the court below is unfair because it is uneasible.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;