상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. In light of the defendant's method of assault, degree of damage to the victim, etc., the liability for the crime is not somewhat weak, and the defendant has several criminal records of violence, etc. that are disadvantageous to the defendant, or the defendant has several criminal records of violence, etc. that are contrary to his/her mistake while committing the crime for about 20 years, there are no records of criminal punishment for about 20 years, and there are other circumstances that can be taken into account in the course of the occurrence of the crime in this case, and the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, means and result of the crime, are 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 acknowledged by this court and summary of evidence are identical to the corresponding column of the judgment below, except where the court below's partial statement "1. 1. 3. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 3. 3. 3. 2. 3.
Application of Statutes
1. Article 257 (1) of the relevant Act and the multiple-choice Act concerning the facts constituting the crime, the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. In full view of all the factors examined in the judgment on the grounds of appeal for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment shall be determined as per the order.