Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;
2. The crime of this case is committed while carrying a knife, which is a deadly weapon that may lead to a fatal result, and the nature of the crime is serious, etc. that are disadvantageous to the defendant.
However, in full view of the factors of sentencing favorable to the defendant and other factors of sentencing indicated in the records of this case, such as the fact that the defendant once recognized the crime of this case and reflects it, that the defendant agreed with the victim when the defendant was in the first instance, that the defendant did not have the same criminal record, and that there was no criminal record other than the punishment of fines, etc., the sentencing of the court below against the defendant is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by the court is to correct the “part of the defendant’s written statement” in the summary of the evidence as “court statement of the defendant,” and to delete the “part of the defendant’s written statement among the suspect interrogation protocol by the prosecution against the defendant,” as stated in each corresponding column of the judgment below, and thus, it is acceptable as it is in accordance with Article
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury, the point of injury, and the choice of imprisonment);
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;