특수폭행치상
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 summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) by the court below is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The lower court rendered a sentence against the Defendant by applying the “Articles 262, 261, 260(1), and 258-2(1) of the Criminal Act” to the crime of injury resulting from special assault.
However, considering the legal principles on the interpretation of the penal provisions and the progress of the amendment of the Punishment of Violences, etc. Act, the details and purpose of the establishment of Article 258-2 of the Criminal Act, the history, text and structure of Article 262 of the Criminal Act, etc., it is reasonable to interpret that the person injured by a special assault shall be punished according to the precedent of Article 257(1) of the Criminal Act, as in the previous case, notwithstanding the establishment of
(see Supreme Court Decision 2018Do3443, Jul. 24, 2018). Therefore, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
Therefore, the judgment of the court below is no longer maintained in this regard.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 262, 261, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: fine of 50,000 won - 10,000,000 won; and