상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. In light of the purport of the grounds for appeal, the sentence (4 million won) imposed by the court below is too unfasible and unreasonable in light of the fact that the same kind of assault and force and the criminal committed during the period of repeated offense, etc.
2. On June 1, 2017, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a habitually special property damage, etc.) at the Seoul Southern District Court on June 1, 2017, and the judgment became final and conclusive on September 21, 2017.
The crime of injury to the defendant and the crime of violation of the Punishment of Violences, etc. Act (damage of habitual special property, etc.) against which the judgment of the court below has become final and conclusive is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. In this regard, the judgment of
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are all the facts constituting the crime of the judgment of the court below. The judgment of the court below became final and conclusive on September 21, 2017 after the defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Special Property Damage, etc.) at the Seoul Southern District Court on June 1, 2017.
Except for the addition of “,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;