폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.
2. The judgment of the court below, despite the past three times of suspended execution as well as several times of punishment before the instant crime, the Defendant committed the instant crime, and the Defendant mobilized the victim G with a deadly weapon, and tried to find the said victim. The Defendant again fighting with the victim’s behavior and the victim’s vehicles in front of the hospital, which were not at all related during the instant crime, and the progress of each of the instant crimes, such as destruction to the victim P, etc., are not very good in light of the number and method, and in particular, it appears that the neighboring residents and hospital users who observed a warning fighting, and it appears that the Defendant would have experienced considerable anxiety. However, considering the fact that the instant crime was committed by the court below, taking into account the following circumstances: (a) the Defendant did not appear to be punished by severe punishment; (b) the Defendant did not appear to have actively agreed upon the victim’s physical conflict with his/her mother during the instant crime, and did not appear to have been in conflict with his/her family members during his/her active period of time, and did not appearly agreed with his/her family members.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court.