상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable.
2. It is recognized that the degree of injury suffered by the victim due to the instant crime, such as the fact that the degree of injury caused by the instant crime, is not easy, and that it was not agreed with the victim.
However, in light of the fact that the defendant recognized the crime of this case and is against the defendant, the defendant is the first offender who has no criminal records; the crime of this case is committed first from the victim and the defendant has committed an act of assaulted first, and there are circumstances to consider the background of the crime; the degree of injury seems to be somewhat heavy compared to the tangible force inflicted on the defendant; and other various sentencing conditions specified in the records and arguments, such as the defendant's age, occupation, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc., the court below's punishment is recognized to be unreasonable, and therefore, the above argument of the defendant is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In determining the grounds for appeal for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as per the order, comprehensively taking into account the various circumstances, conditions of sentencing, etc.