상해
The judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the first instance court did not consider a written agreement with the victim submitted before the judgment was rendered.
Therefore, the punishment sentenced by the first instance court (six months of imprisonment, two years of suspended execution, two years of community service, 120 hours of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime, even though he/she had been punished twice as a fine due to the same kind of violent crime, is more severe than the degree of injury inflicted on the victim by the instant crime, and the Defendant committed the instant crime, which is an element of sentencing unfavorable to the Defendant.
On the other hand, the defendant's crime of this case was first committed by the victim's blickness and contingently, the defendant's mistake is divided, and the defendant submitted a written agreement to the effect that on July 4, 2016, which was prior to the judgment of the court of first instance, the defendant paid 15 million won (including deposit money) to the victim and agreed to the victim smoothly. This is an important sentencing condition, and it is also an important sentencing condition. In light of all other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court of first instance is too unreasonable.
Therefore, the defendant's above assertion of unfair sentencing pointing this out is justified and accepted.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Since the criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first instance, it shall be admitted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crime;
1. The defendant provided for in paragraph (2) above, prior to the selection of an alternative fine;