상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.
2. In full view of the following circumstances and the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and all of the sentencing circumstances after the crime, the sentence imposed by the lower court is too unreasonable.
The defendant shows the form of reflectivity.
On June 4, 2015, the instant crime was committed by the Defendant, who was sentenced to six months of imprisonment by this court due to a violation of the Punishment of Violences, etc. Act (joint conflict), and the said judgment became final and conclusive on November 2, 2015, and on July 4, 2014, the Seoul Northern District Court sentenced the Defendant to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.) and the said judgment became final and conclusive on December 12, 2014.
3. The defendant's assertion of unreasonable sentencing is with merit, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and this decision is rendered again as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as follows, and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for addition of the following. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
In the first head of the lower judgment’s criminal facts, the first head of the lower judgment added “A defendant was sentenced to six months of imprisonment by this court for a violation of the Punishment of Violences, etc. Act (joint attack) and such judgment became final and conclusive on November 2, 2015.”
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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;