상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (two million won of a fine and the costs of the lawsuit) is too unreasonable
(2) In light of the content and method of the instant crime and the legal attitude of the court below, the Defendant: (a) although the liability of the instant crime was denied in light of the content and the method of the instant crime and the attitude of the court below; (b) the Defendant appeared to be against the recognition of the instant crime; (c) the degree of injury suffered by the victim is relatively minor; (d) a dispute with the victim due to a traffic accident; (b) there are some circumstances to be considered in the instant crime; (c) deposit KRW 300,00 for the victim; (d) the Defendant deposited 30,000 for the victim; (d) there was no history of criminal punishment after 200; (e) there was no history of criminal punishment after 200; and (e) other various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime and the criminal record relationship, etc., the court below’s sentence is unreasonable.
3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) the Defendant’s partial statement “1. The gist of evidence” in the reasoning of the judgment of the court below is the same as the relevant column of the judgment of the court below, except where the Defendant’s partial statement is changed to “1. The Defendant’s oral statement” in the court below’s reasoning. As such,
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.