폭행치상
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The sentence of a fine of one million won imposed by the court below is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing), the economic situation is not good, and efforts are made to recover damage, etc.
2. In full view of all the circumstances that form the conditions for sentencing and sentencing indicated in the instant pleadings and records, including the fact that the conciliation was concluded in cases involving damages between the Defendant and the victim, that the injured party does not want the punishment of the Defendant, and that the conciliation clause reflects that the injured party does not want the punishment of the Defendant, the lower court’s punishment seems to be somewhat unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. If so, the defendant's appeal is reasonable, 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 after pleading as follows.
[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;