폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Although the Defendant did not injure the victim’s face and arms with dangerous articles, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. In light of the overall circumstances of the case by the prosecutor, the sentence imposed by the court below (one year and six months of imprisonment) is too uneasible and unfair.
2. Determination
A. Although the Defendant appealed on the ground of misunderstanding of facts while denying the facts charged, the Defendant appealed on the ground of misunderstanding of facts, in full view of the evidence duly adopted and investigated by the lower court and the first instance court, the lower court’s judgment that found the Defendant guilty of the facts charged is justifiable, and thus, the Defendant’s assertion of misunderstanding of facts is not acceptable.
B. The instant crime of determining ex officio determination and the prosecutor’s assertion of unreasonable sentencing is serious in its nature that the Defendant committed an injury requiring medical treatment for 28 days by getting the victim’s face and arms, which is a dangerous object, in the process of vision as a matter of drinking price with the victim who was drinking together, and thus, the Defendant committed a highly dangerous crime, but the Defendant committed a crime at an investigative agency to the court below’s judgment denying all of the crimes from the Defendant’s perspective to the court below.
However, it is against the defendant's confession of the crime of this case in the trial, and the victim does not want the punishment of the defendant in agreement with the victim, the same criminal records are twice the same, but only the fine prior to ten years, and the crime of this case was committed in the course of sobling and vision with the victim under the influence of alcohol, and the victim is also liable for causing a certain degree of crime to the victim.
the defendant's age, character and conduct, and living environment.