Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. On January 19, 2013, the Defendant had been sentenced to punishment more than ten times for violent crimes, and completed the execution of punishment for a violation of the Punishment of Violences, etc. Act (Habitual Injury) on January 19, 2013, and committed each of the instant crimes during the period of repeated crimes.
In the course of trial on the crime of intimidation with a deadly weapon, the crime of drinking driving of this case and the crime of bodily injury with a deadly weapon is hot.
However, the distance of the defendant's driving at the time of the crime of drinking driving of this case is about 10 meters.
The crime of injury by carrying a deadly weapon in this case was first committed by the injured party, first of all, by the injured party JJ, by gathering satisfy in front of the accused, and by satisfy in response to the satfy in front of the accused, and the accused can also take into account
The defendant led to the confession of each of the crimes in this case and reflects his depth, and the victims wanted to take the defendant's prior action by mutual consent with the victims.
In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.
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 summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Articles 283(1) and 283(1) of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and Articles 3(1) and 2 of the Punishment of Violences, etc. Act.