폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal does not contain any assault, and the lower court’s imprisonment (six months of imprisonment) is too unreasonable.
2. Determination
A. When considering the difference between the original court and the appellate court’s method of evaluating the credibility of a statement made by a witness in light of the contents of the original judgment and the evidence duly examined in the original judgment, or there are exceptional cases where it is deemed that maintaining the original judgment is remarkably unreasonable considering the results of examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s judgment on the credibility of a statement made by a witness is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2018Do1748, Jul. 24, 2019).
However, under the influence of alcohol, the defendant seems to have failed to properly memory the situation.
B. An unfavorable circumstance is that the Defendant committed a crime during the period of suspension of execution for a crime of the same kind, and that it seems necessary to improve the tendency of abnormal behavior due to excessive drinking, etc.
However, the defendant's crime appears to be a contingent act while under the influence of alcohol, and the victims' damage is not serious, and it comes to the trial.