상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.
2. The judgment below is the first criminal without any specific criminal record; the Defendant deposited 7 million won damages against the victim; the victim deposited 5 million won in addition to the first instance court; the victim reserved an objection on July 1, 2016 and deposited 12 million won in total; the victim and his mother paid the total amount of the above deposit; the victim and his mother filed a lawsuit against the Defendant seeking compensation for damages arising out of the instant case (Seoul District Court Decision 2015Da116367) and the above court rendered a judgment on July 8, 2016 on the following grounds: “The Defendant paid the victim KRW 6,116,353 (= medical treatment expenses6,904,810 won) to the victim, KRW 400,000, KRW 311,540, KRW 940, KRW 500, KRW 5000, KRW 200, KRW 76500, KRW 200, KRW 7506).
On the other hand, the fact that the defendant did not reach an agreement with the victim, and that the degree of injury caused by the crime of this case cannot be deemed to be minor is disadvantageous to the defendant.
In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable and unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence is explained by the court.