폭력행위등처벌에관한법률위반(공동상해)
1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 3,000,000.
3. The above fine shall be imposed on the defendant.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Although the degree of injury suffered by the victim due to the crime of this case is not easy, the defendant did not have the record of punishment for the same crime, and all of the crimes of this case are recognized, and thus his mistake is against the depth of his mistake, and the defendant agreed smoothly with the victim after the decision of the court below was rendered, and other circumstances constituting the conditions for sentencing in this case, such as the defendant's age, character and conduct, environment, family relationship, etc., are considered to be too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.