상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of 400,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months, fine of one hundred and twenty thousand won, community service work hours) is too unfluent and unreasonable.
2. It is recognized that the defendant made a confession of all crimes, and his mistake is divided, and the victim F does not want the punishment of the defendant.
However, in light of violent crimes, etc., the Defendant is deemed to have been sentenced to a fine, suspension of execution, and punishment on 17 occasions, and the form of each of the crimes of this case and methods of punishment, etc., the nature of the crime is bad, the victim D did not agree with the victim, the injury was serious, and the victim was arrested as a flagrant offender, etc. In addition, considering all the sentencing conditions of the instant pleadings, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the crimes of this case, the motive, and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the lower court’s punishment is deemed to be unfair because it is too uneasible.
3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the addition of “1.D’s statement” to the column for the evidence of the lower judgment, the same is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Article 366 of the Punishment of Minor Offenses Act (the point of disturbing public order, the point of disturbing public order, and the choice of fines) concerning the crime;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and 3 of the Criminal Act, which shall be aggravated for concurrent crimes.