상해
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The judgment of the court below which suspended the sentence against the defendant who had been sentenced to a summary of the grounds for appeal was erroneous by misapprehending the legal principles as to the suspended sentence.
2. The proviso of Article 59(1) of the Criminal Act provides that a sentence may not be suspended for a person who has been sentenced to a suspension of qualification or heavier punishment.
According to the records of this case, the defendant was sentenced on March 14, 2003 to imprisonment with prison labor for not more than three years and six months for rape and bodily injury resulting from rape in the Ansan District Court's Ansan Branch on March 14, 2003 and was finally decided on May 27, 2003.
The Defendant constitutes “a person who had been sentenced to the suspension of qualification or heavier punishment” as prescribed in the proviso of Article 59(1) of the Criminal Act and thus is disqualified for the suspension of sentence. Therefore, the judgment of the court below which granted the suspension of sentence to the Defendant is erroneous in the misapprehension of legal principles
Therefore, prosecutor's assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The sentencing grounds of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses reflects the Defendant’s mistake while recognizing the instant crime, the degree of injury of the victim is relatively minor, the victim is not subject to the Defendant’s punishment, the circumstances leading up to the Defendant’s injury, and other circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., shall be determined as per Disposition.