상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the penalty of KRW 5,00,000 per day, the penalty of KRW 100,000 per day) is too unreasonable.
2. The Defendant was punished six times for violent crimes, and the instant case occurred during the period of suspension of execution due to drinking driving.
The damage was not recovered.
On the other hand, the judgment of the court below denied the crime and shows the attitude of recognizing all the facts charged and against it.
The extent of violence exercised by the defendant or the degree of injury suffered by the victim is not significantly excessive.
The crimes of violence are relatively old.
In full view of the various factors of sentencing indicated in the pleadings, including the Defendant’s age, living environment, motive and background of the crime, circumstances after the crime, relationship with the victim, and the fact that the order of summary of KRW 3,00,000 was issued, etc., the sentence of the lower court is somewhat unreasonable.
Recognized.
The defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are identical to each corresponding column of the judgment below in addition to adding "legal statement of the defendant in the court below" to "a summary of evidence" column of the judgment below. Thus, it is 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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as indicated in the Disposition, taking into account the various circumstances of finin.
It is so decided as per Disposition for the above reasons.