상해
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.
2. The judgment that the defendant recognized and reflected the crime, the body fighting victim committed any contingent crime that the victim took the part of the defendant's horse in his body with the head of his body first, and there are some circumstances to be considered in the process of the crime, and the victim already expressed his intent not to punish the defendant at the police investigation stage (the victim was committed as a crime of assault and was subject to a disposition that has no right to prosecute due to the defendant's expression of intention to punish him) is favorable to the defendant.
However, even if the Defendant had been punished several times prior to the instant case, he again committed the instant crime, and the victim suffered bodily injury, such as the right frame, etc. requiring four weeks’ treatment, and the degree of injury is not easy. In full view of all the sentencing conditions, including the motive and background of the instant crime, the method and consequence of the relevant crime, the circumstances after the commission of the crime, the Defendant’s criminal record, the relationship with the Defendant, and the equity with other similar cases, the lower court’s punishment is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.