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 two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) declared by the court below is too unreasonable.
2. The crime of this case committed by the Defendant using a knife (32 cm in total length, 20 cm in total length), which is a deadly weapon, and by using knife (hereinafter “victim”) the left side of the victim D (hereinafter “victim”) once, using approximately three weeks knife knife with the victim’s open top, etc., which is disadvantageous to the Defendant.
However, in full view of all the circumstances, such as the Defendant’s character and conduct and environment of the Defendant, the background and result of the instant crime, etc., and the conditions for sentencing as shown in the records and pleadings, the sentence imposed by the lower court is somewhat unreasonable, and thus, it is recognized that the Defendant’s above assertion is unreasonable, inasmuch as it is recognized that the Defendant’s punishment imposed by the lower court is somewhat inappropriate, inasmuch as it is recognized that the Defendant’s punishment was somewhat unreasonable, since it is recognized that the Defendant did not punish the Defendant for the Defendant, the Defendant’s primary offender, the Defendant confessions and is in depths, the Defendant works as a restaurant employee, and the Defendant bears two child support.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for favorable circumstances among the reasons for reversal);
1. The Criminal Act, the suspension of execution;