특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
A seized knife (No. 1) shall be confiscated.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine both the judgment and the prosecutor’s arguments.
The circumstances are recognized, such as the confession of the Defendant to commit the instant crime and reflects his mistake, the victims have some aspects of attempting the Defendant, and the Defendant has no criminal record exceeding the fine.
However, the crime of this case is one of the victims D and Silves, where the defendant mentioned the alcohol together with the victim D, and it is anticipated that the victim D will face injuries, and that the victim D will call to all, and that the victim D will be punished, the crime of this case is highly poor in light of the method and contents of the crime, including interview and cruelness of the crime, as the victim H and I, who was under contact with the victim D, purchased two knives in advance and possessed two knives.
The degree of injury suffered by the victims is severe, and some victims who have cut gal are expected to suffer from considerable post-treatment.
The Defendant did not receive a letter from the victims until now, and did not take measures to recover the damage.
The accused has a record of criminal punishment of fines in 2013 and 2016 for the same crime.
In full view of such circumstances as equity in sentencing with the same or similar incidents, and other various conditions of sentencing as shown in the pleadings of this case, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed unfair because it is too uneasible.
Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.
3. If so, the prosecutor's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.