상해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant filed an appeal against the judgment of the court of first and second instances and tried both in the court of appeal. Since the judgment of the court of first and second instances only sentenced the defendant to a fine, the defendant cannot be sentenced to imprisonment with prison labor heavier than this in the court of first and second instances under the principle of prohibition of disadvantageous alteration, and unless the court of first and second instances select all criminal facts of the judgment of the court of first and second instances and declares one punishment, the court of first and second instances do not constitute grounds for reversal of the judgment of the court of first and second instances. Thus, the grounds for appeal against the judgment of the court of second and second
A. The sentence of 700,000 won sentenced by the lower court on the first lower judgment is too unreasonable.
B. The sentence of one year and six months sentenced by the court below on the second judgment of the court below is too unreasonable.
2. Determination
A. We examine the argument on the judgment of the first instance court, and examine the defendant's mistake in depth, and the defendant reflects his fault. Each of the crimes of this case is the victim's resistance on the basis of noise, and thus, it is found that there was a certain aspect of punishment caused by the victim in certain parts. However, even though the defendant had been punished several times, and was sentenced to a suspended sentence due to minor abduction, etc., the defendant committed each of the crimes of this case during the period of suspension of execution. The defendant did not agree with the victim, and the victim did not agree with the victim, and the defendant want to be punished, and the sentencing of the judgment of the first instance court is too unreasonable in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, the circumstance before and after the crime, etc., the sentencing of the judgment
B. We examine the argument on the second judgment of the court below, and the fact that the defendant reflects his fault in depth.