상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The lower court’s punishment (eight months of imprisonment) against the accused against the gist of the grounds for appeal is too unreasonable.
2. The judgment of this case is that under the influence of alcohol, the Defendant inflicted an injury on the victim C without any particular reason, and destroyed and damaged the things of the pharmacy operated by the victim, and that the police officers dispatched upon receiving a report have taken a bath or assault, and that the nature of the crime is not good. It is an unfavorable circumstance to the Defendant.
On the other hand, however, the defendant appears to have the attitude of recognizing and opposing all of the crimes of this case, and immediately after this case, 4 million won was agreed to be paid to the victim C and 1.5 million won was deposited by police officers G and H for the purpose of H, and 1.5 million won was deposited in the court below, in addition, G expressed that the police officer did not want the punishment of the defendant, and the defendant did not have any history of punishment except that suspended execution was sentenced once in 200, and all other sentencing conditions as shown in the argument of this case were considered to be unfair.
Therefore, the defendant's argument is justified.
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 defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), Article 366 of the Criminal Act, Article 311 of the Criminal Act concerning the crime;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.