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 lower court’s sentence (three million won of a fine) against the Defendant in summary of the prosecutor’s grounds of appeal is deemed to be too unhued and unreasonable.
2. The judgment of the defendant is favorable to the defendant, for example, the confession of the crime of this case and the fact that there is no past record over the past five years.
However, the crime of this case, however, is committed by the defendant getting on and off a taxi that the victim drives while under the influence of alcohol, and the victim gets on and off the part of the victim for 14 days on the ground that the taxi fee is defective, and the victim gets on and off the part of the victim, and suffered injury requiring treatment for about 14 days on the part of the victim, and thus, the nature of the crime is not less weak, up to the trial, the victim did not agree with the victim or recover the damage; the defendant has several criminal records related to the same violence; the defendant has several times of criminal records related to the same violence; the defendant's age, character and behavior, intelligence and environment, health conditions, the means and result of the crime, and the circumstances after the crime, etc., it is determined that the sentence of the court below is unreasonable to deem it as it is somewhat unreasonable.
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crimes;
1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;