상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. In light of the circumstances, contents, etc. of the crime of this case, the crime of this case was poor, the degree of injury suffered by the victim is not easy, the victim has not been agreed with, and there is a history of criminal punishment several times of violent crimes. In particular, the court was sentenced to imprisonment for eight months on October 27, 2014 by the Road Traffic Act to a suspended sentence of two years on the ground of the crime of violation of the Road Traffic Act, and the court was sent two times during the suspended sentence period, and the crime of this case was committed two times during the suspended sentence period, and was sent as a home protection case, etc., which is disadvantageous to the defendant. However, the defendant seems to have led to the confession of the crime of this case and sent time of reflectness while living more than two months, and deposit five million won for the victim at the trial of this case, and taking full account of various factors of sentencing as shown in the records and arguments such as the defendant's age and character environment, relationship between the defendant and the victim, etc., it seems that the defendant's punishment against the defendant is unreasonable.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;
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;