폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2,000,000 won of fine) is too unreasonable.
2. In full view of all the circumstances such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable, and the Defendant’s assertion is reasonable, given that the Defendant’s argument is reasonable, inasmuch as it is unreasonable in full view of the following circumstances: (a) the Defendant’s appearance as a recipient of basic living, is a minor damage caused by simple assault; and (b) the Defendant’s age, character, environment, motive and consequence of the crime;
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;