폭행
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of 200,000 won.
The above fine shall be imposed on the defendant.
1. Of the facts charged in this case, the court below found the defendant guilty as to the crime of assault against the victim C, and found the defendant guilty as to the crime of assault against the victim E. The dismissal of public prosecution without the prosecutor's appeal is finalized after the period of appeal expires. Thus, the court below's judgment shall be tried only for the guilty part among the judgment below.
2. The sentence of the court below (the fine of KRW 1,00,000) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.
3. The crime of this case in determining the grounds for appeal of this case is an assault of a victim who is nine years of age by the defendant walking side of the victim who is nine years of age, and the nature and circumstances of the crime are not good, and the defendant repeatedly commits the crime of this case despite the fact that he had been punished ten times of the same crime (one time of punishment and nine times of fines) prior to the crime of this case, even though he had the record of repeated punishment. In light of the above, the defendant should be punished strictly.
However, in full view of the following factors: (a) the Defendant’s only agreed with the victim in the trial and the victim does not want the punishment of the Defendant; (b) the Defendant is a recipient under the National Basic Living Security Act; and (c) suffering from high blood pressure in the urology of the urology, and whose health is not good; and (c) the Defendant’s age, character and behavior, environment, circumstances leading to the Defendant’s instant crime, means and consequence, and the situation before and after the instant crime, etc., the lower court’s punishment is too unreasonable and thus, the Defendant’s allegation of unfair sentencing is justified
4. Accordingly, the defendant's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the guilty part of the judgment below is reversed, and the judgment is rendered again as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.