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 this judgment became final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. In the judgment, this case requires strict punishment corresponding to the responsibility of the defendant as to the defendant, because the defendant display a dangerous article, and inflicted an injury on the victim's face, and the crime is not weak, but did not agree with the victim.
However, in light of all the sentencing conditions indicated in the records of this case, such as the defendant's age, occupation, character and conduct, family relation, relationship with the victim, motive, means and consequence of the crime, etc., the above punishment of the court below is too unreasonable, considering the following: (a) the defendant is an contingent crime committed in the process of walking up with the victim's ebbbbbbbing, which was committed in the course of causing a ebbbbbing with each other while committing the crime of this case; (b) the defendant has the same ability to punish the defendant; (c) the defendant has the same ability to punish the defendant; (d) the defendant was merely a minor fine; and (e) the defendant is working as a Chinese house delivery agent in economic difficulties; and (e) the spouse and two children are supporting the two children.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement" to "the first instance court's oral statement" in the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 of the Criminal Act: