상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
The term "crimes punishable by imprisonment without prison labor or heavier" under Article 35 (1) of the Criminal Act refers to crimes punishable by imprisonment with prison labor or imprisonment with prison labor with prison labor, and where a fine selected among the punishments prescribed for such crimes is a fine, it shall not be subject to the aggravation of repeated crimes (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court, even if the court selects the instant crime as a fine and applied Article 35 of the Criminal Act, committed an offense subject to the aggravation of repeated crimes, and thereby affected the judgment by applying Article 35 of the Criminal Act, which affected the conclusion of the judgment. Accordingly, the lower judgment cannot be maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.
[Re-use] The Defendant, at around 05:20 on December 17, 2017, suffered injury to the Defendant, such as a scam, scam, scam, scam, scam, scam, and tension, on the ground that the Defendant stated that the victim D (M, 35 years of age) “I would have calculated the drinking value” means that “I would have calculated the drinking value.” The Defendant collected the difference from the small scam and the small scam in the table. The Defendant was drinking the victim’s face, scam, scam, scam, am, knam, scam, etc. with the victim’s scam, and caused the victim’s scam, scam, scam, and tension.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A victim, on-site photograph, text message, and partic photograph, regardless of the victim's hole;
1. A written diagnosis of injury;
1. Each investigation report (for reference H telephone communications (netly eight times), .