상해
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 10,000,00 and by a fine of KRW 5,00,00.
1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment with prison labor for one year and with the costs of lawsuit, Defendant B: Imprisonment with prison labor for four months) is too unreasonable.
2. Determination
A. Defendant A was sentenced to two years of imprisonment on September 1, 2016, and was sentenced to three years of probation for the crime of extortion, etc., and was going to commit the instant crime without being sentenced to three years of probation, and a large number of persons who had been punished for the same crime of violence are disadvantageous to the Defendant.
However, in full view of the fact that the defendant shows an attitude against his mistake, that the defendant suffered considerable injury by assault by the victim, that the defendant agreed with the victim, that there was no record of punishment, that there was no record of punishment, and that there was other factors such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, including the circumstances before and after the crime, the punishment imposed by the court below is somewhat unreasonable.
B. Defendant B was sentenced to imprisonment with prison labor on April 21, 2016 for a special injury, etc. and three years of probation, and did not engage in the instant crime during the period of probation, and was sentenced to imprisonment with prison labor on April 21, 2016, and a large number of persons including the records of criminal punishment for the same crime of violence.
However, the defendant shows an attitude against his mistake, the fact that the defendant suffered considerable injury by assault by the victim, the fact that the court below deposited 2 million won for the victim, the compensation for a certain portion of the damage after the court below sentenced the damage, and the defendant agreed smoothly with the victim, and the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court's sentencing committee.