상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 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 (three million won of a fine) is too unreasonable;
(2) In light of the content, method, etc. of the crime of this case, the liability for the crime is not provided against the defendant, and the fact that the defendant has been punished for violent crimes is disadvantageous to the defendant.
However, in full view of the following circumstances: (a) the Defendant appeared to have committed the instant crime in the course of the trial; (b) the degree of injury suffered by the victims is relatively minor; (c) the victims have agreed with each other; (d) support the pregnant wife; and (e) balance with the general sentencing in cases of the same or similar kind of cases; and (e) the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the instant crime; (c) the circumstances after the instant crime; (d) criminal record and family relation, etc., the sentence imposed by the lower court is somewhat 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 provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.