상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) of the lower court is too unreasonable.
2. Considering that there was an agreement with the victim when the judgment was rendered, the lower court’s punishment is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was agreed with the victim, and the risk of recidivism is not high due to divorce with the victim, taking into account the circumstances favorable to the fact that there was no previous conviction in Korea, and the degree and method of assault, and the degree of mental and physical damage inflicted upon the victim by the crime of this case shall be determined as per the disposition.