상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 100,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the fine of 300,000 won) is too unreasonable.
2. The fact that the defendant recognized all of the crimes of this case, the fact that the victim and the victim have caused them to commit the crimes of this case somewhat contingently, the fact that the wife suffered from the crime of this case is minor, and the fact that the defendant is old is favorable to the defendant.
In full view of these circumstances and the conditions of sentencing as shown in the records and arguments, the sentence imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;