상해등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. Determination on the summary of the grounds for appeal 2. Determination on ① the Defendant’s past records of punishment for the same kind of crime (driving driving) are two times, ② the Defendant does not seem to have a consistent and reflective attitude as to each of the instant crimes, etc., that are disadvantageous to the Defendant.
(1) However, when the defendant was in the first instance, the defendant agreed with the victim D, and the victim D does not want the punishment of the defendant.
The circumstances are favorable to the defendant, such as the following: (a) the victim’s injury was not relatively much severe; (b) the number of days detained by the defendant in his/her custody is deemed to have more than three months, and (c) the number of days detained by the defendant seems to have more than three months, (iv) the family members to support the defendant, and (v) the social relationship
Considering the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, background and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the instant records and arguments, the lower court’s punishment is excessively unreasonable.
3. The part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is again decided as follows, after pleading.
【Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column against the defendant among the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions for facts constituting an offense, Article 257(1) of the Criminal Act (the point of harm), Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 49(4)2 and 6(3)2 (the point of transfer of access media) of the Electronic Financial Transactions Act, and Articles 6(3)2 (the point of transfer of access media) of the same Act, the choice of imprisonment for each sentence;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.