상해등
All the judgment below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
except that this shall not apply.
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., six months of imprisonment, and four months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the Defendants committed the crime of this case in light of the background and content of the crime of this case, etc. that the nature of the crime is not good, and that the Defendants had been punished several times for violent crimes.
B. However, in full view of the following circumstances: (a) the Defendants led to the confession of the crime; (b) the degree of injury suffered by the victim is relatively minor; (c) the Defendants paid the victim KRW 10 million in the trial room to the victim and agreed that the victim did not want the punishment; (d) the Defendants had an opportunity to reflect while living in custody for two months; and (e) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendants’ age, the lower court’s punishment is unreasonable.
Therefore, the above assertion by the Defendants is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 257(1) of the Criminal Act; Article 2(2) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 366(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; Articles
(b) Defendant B: Article 2(2) of the former Punishment of Violences, etc. Act, Article 366(1) of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, respectively.