폭행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.
2. The lower court determined that the Defendant committed the crime of this case under favorable circumstances, ① the conflict between the Defendant and the victims is primarily attributable to the Defendant’s act of disturbing drinking, and the Defendant appears to have its principal responsibility, ② the Defendant has already been punished twice a fine due to the Defendant’s assaulting the victim E in 2015, and was punished once a suspended sentence, and the same victim has been assaulted even during the suspended sentence, ② the crime of this case was committed under favorable circumstances, ② the cause of conflict between neighbors residing in the first and second floors of the same house, and the responsibility for such conflict cannot be attributed only to the Defendant, ② the degree of assault by the Defendant is relatively minor, and the Defendant recognized all crimes in this court, and the Defendant is aged 79 years of age. In full view of these facts, the lower court sentenced the same sentence as the above 1.
In light of the above unfavorable circumstances recognized by the court below, it is necessary to punish the defendant strictly.
However, considering the above favorable circumstances: (a) the period of detention of the defendant reaches approximately three months and was detained for a period corresponding to most of the first instance court’s penal period; and (b) the risk of recidivism has been reduced considerably due to changes in family relations that occurred after the detention of the defendant; and (c) the punishment determined by the court below is too unreasonable because it is too 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 Procedure Act applies to the defendant's criminal facts and summary of evidence recognized by the court, as stated in each corresponding column of the judgment below.