폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Each of the instant crimes falls under the “fit violence,” and recent years, the continuous and non-discriminatory transfer violence has increased, resulting in social problems.
The defendant's act can not be justified for any reason due to obvious violence of interest, and the harm is serious crime and it is necessary to clearly inform the defendant of it.
In addition, the degree of injury suffered by the victim is not easy, and the victim complained of considerable mental and physical suffering due to the crime of this case.
However, on April 17, 2017, the defendant has no specific criminal record except for a fine once, and deposited KRW 5 million with the victim as his arbitr.
Accordingly, the victim expressed his intention that he does not want the punishment against the defendant for the first time in this court, and in addition, the victim wants to leave the ship by disclosing that he is expected to marry with the defendant.
In addition to such circumstances, considering the various conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is deemed to be too unreasonable because it 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
【The reason for the judgment to be used again] Criminal facts and summary of evidence recognized by this court is identical to the description of each corresponding column of the judgment of the court below, except for adding “the right side salt, etc.” to “the injury” in the second page 10 of the judgment of the court below’s criminal history No. 2. 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;