폭행등
1. All the judgment below is reversed.
2. The defendant shall be punished by a fine of KRW 2,500,000.
3. The above fine shall be imposed on the defendant.
1. The sentence (No. 1: a fine of 1,00,000, a fine of 2,000 won: a fine of 2,00,000) imposed by the original judgment is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the judgment of the court below was examined and sentenced separately, and the defendant filed an appeal against the judgment of the court of first and second instances, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes in the judgment of the court below in the first and second instances shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the above judgment of the court below against the defendant cannot be maintained.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided following the pleadings.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of violence and the choice of fines) concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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 is that the defendant recognized the crime of this case and seriously reflects his mistake, on the other hand, the defendant has been punished several times for the same crime, and the crime of this case is an apartment in which the defendant resides.