특수상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The defendant does not pay the above fine.
The sentence of the original decision (six months of imprisonment) on the summary of the grounds of appeal is too unreasonable.
Judgment
The crime of this case is not likely to be a crime because the defendant committed the crime of this case by taking the head of the victim, who is a son of the external village, into consideration.
Not only has been punished several times for violent crimes, but also has been punished as a crime, and the execution of the final sentence has been completed, and the crime of this case has been committed during the period of repeated crime.
These points are disadvantageous to the defendant.
The defendant, who is a friend in the same drinking village, is not only the victim himself but also the mother of the defendant, and there is a reason to take into account the motive of assaulting once as a friend, which has been cited as a friend to the mother of the defendant.
The Defendant recognized the instant crime and reflected his mistake.
In the first instance, the injured party did not want the punishment of the defendant because the injured party agreed with the injured party smoothly.
These points are favorable conditions to the defendant.
In addition, considering all the sentencing conditions shown in the arguments, such as the defendant's age, sex, environment, family relationship, criminal records, circumstances after the crime, results, etc., the sentence of the court below is too unfair.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;