상해
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.
2. In light of the fact that the victim does not want the punishment against the defendant by mutual consent with the victim for the first time in the judgment of the court below, the sentence of the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is 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;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Determination of the same sentence as the order shall be made in consideration of the fact that an agreement has been reached with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there was two times punishment due to violent crimes, the degree of injury, etc.