상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The defendant does not pay the above fine.
1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. Although the defendant was found to have committed the crime of this case without being aware of a repeated crime due to the same crime, he is found to have committed the crime of this case without being aware of it during the repeated crime period, on the other hand, the defendant recognized the facts charged of this case and reflects in depth, the degree of injury of the victim is not severe, the defendant has reached an agreement with the victim at the trial, the defendant suffers from mental fission, etc., the defendant suffers from basic living recipients, and the economic situation is not good, and the defendant has living a prison life for more than two months in this case, and considering all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's argument
3. Since the defendant's appeal is with merit, 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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.