폭행
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 2,00,000 won, and a fine of 1,00,000 won, respectively.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the lower court on the Defendants (four months of imprisonment and two years of suspended sentence) is too unreasonable.
2. The Defendants did not agree with each other.
Defendant
A has a number of criminal records of the same kind.
This is disadvantageous to the Defendants.
However, the Defendants recognized the instant crime and are against the nature of the Defendants.
The assault in this case is a relatively weak degree of breathing a breath and shakeing, and the quality of the crime is relatively weak.
Defendant
B does not have the same criminal record.
This is favorable to the defendants.
Considering such circumstances as the Defendants’ age, sex, family relation, family environment, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendants is deemed unfair because it is too unreasonable, given that the sentence imposed by the Defendants 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 defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act and the choice of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. On the grounds as examined in the determination of the unfair argument of sentencing prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition shall be determined.