특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. The main point of the grounds for appeal is that the court below's sentence of imprisonment for six months (the suspended sentence of imprisonment for six months) is too unhued and unreasonable;
2. The fact that the judgment was agreed with the victim, and the primary fact is favorable to the defendant.
However, the crime of this case is deemed to be unfair in light of the degree of injury of the victim, the degree of injury of the victim, and in consideration of the danger of the method of crime, and the degree of injury of the injury, etc., it is deemed that the punishment of the court below is too unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence shall be determined as per the order, taking into account the various circumstances examined in the determination of the reasons for sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act.