상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized each of the crimes except the instant injury crimes, and is against the other crimes.
The Defendant agreed with the victim F and the victim H of the traffic accident.
Circumstances unfavorable to the defendant are as follows:
On April 8, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.), and committed each of the instant crimes again during the period of suspended execution after the above judgment became final and conclusive.
Even in 209 and 2015, the accused has been punished by a fine twice for a crime related to violence.
In 2011, the Defendant was sentenced to a suspended sentence of two-year imprisonment for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), drinking driving, or violation of Road Traffic Act (measures after an accident), etc. In the same year, the Defendant was sentenced to a fine for one-time due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fressing or causing death and injury), drinking driving, or non-licenseing driving, and in 2013, the Defendant was sentenced to
Until the original judgment, the Defendant denied the instant injury crime and did not seem to be against the truth.
In addition to the above circumstances, considering the records of this case and all of the sentencing conditions expressed in the previous theories, such as the character, conduct, career, environment, background and result of the crime, etc. of the defendant, the sentence of the court below is too uneasible and unreasonable.
3. In conclusion, the prosecutor'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 so decided as follows.
[Re-written judgment] The Criminal Procedure Act applies to the facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence as stated in the corresponding column of the judgment below.