폭행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal that the court below rendered by the defendant is unfair because the punishment (amounting to 500,000 won) imposed by the court below is too unreasonable (the defendant explicitly withdraws his argument of misunderstanding of facts on the date of the first trial of the court below). 2. Whether the defendant did not agree with the victim until the judgment is yet held is disadvantageous to the defendant, or that the defendant recognized the crime of this case at the time of the trial of the defendant, the extent of violence is not relatively heavy, and the victim was paid 10,000 won to the victim during the trial of the party, and the damage was partly recovered by paying 10,000 won to the victim, other favorable circumstances such as the defendant's age, sex, environment, the background, method, circumstances after the crime of this case, and criminal records, etc., and other circumstances that are favorable to the defendant, such as the defendant's age, sex, environment, how to commit the crime of this case, the court below's sentence is inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the summary of the evidence, the same is as the corresponding column of the judgment of the court below; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;
1. A fine not exceeding 500,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 59(1) of the Criminal Act (including the fact that the circumstances before the opening of the sentence would not lead to re-offending even if the sentence was not imposed on the defendant), is the reason for sentencing.