폭행등
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.
2. Determination of the crime of this case is recognized as circumstances such as the Defendant’s assaulted twice the victim, who is the spouse of Vietnam’s nationality, and inflicted an injury once on the victim, and the case is not less complicated.
However, when the defendant was found to have been guilty of committing the crime of this case, it is against the wrongness of the defendant, and when the defendant was in the trial of the party, the victim did not want the punishment of the defendant, since the defendant agreed to have a full agreement with the victim as well as divorce in the process of coordinating divorce cases with the victim, and the victim did not want the punishment of the crime of this case. The defendant has no record of any particular criminal punishment other than the fine of this case, and in full consideration of various other circumstances, such as the defendant's age, environment, relationship between the defendant and the victim, circumstances leading to the crime of this case, and circumstances before and after the crime, it seems that the court below's punishment is too unreasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s current trial statement” to the summary of the evidence, as stated in each corresponding column of the lower judgment; and (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 257(1) (a) (a point of assault) of the Criminal Act, and Article 257 of the Criminal Act, and the choice of fines, respectively, for the crime;
1. A fine not exceeding 500,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);
1. Article 59 (1) of the Criminal Act of the suspended sentence;