상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment and five million won of fine) is too unreasonable.
2. Before deciding on the grounds for appeal ex officio, Article 157 and Article 153 of the Criminal Act provides that if a person who committed an offense without accusation under Article 156 of the same Act voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted, and such confession prior to such a final and conclusive judgment shall be stipulated as the grounds for necessary mitigation or exemption.
In addition, since there is no legal limitation as to the above confession procedure, it is hard to find out that the defendant or the suspect of the case was a false fact before he was present at the court dealing with the reported case as a witness, and that his report was made, as well as that the defendant or the suspect of the case was also included in the concept of the above confession (see Supreme Court Decision 2004Do831, Apr. 9, 2004). In this case, the defendant in this case, when he was in a party trial, led to confession by recognizing all the facts charged of the case, and the case against W, etc. that the defendant accused raised is confirmed before the judgment becomes final and conclusive, the punishment against the defendant shall be reduced or exempted as necessary.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, with the exception that the part of "the defendant's partial statement" in the summary of the evidence is used as "the defendant's legal statement" and "(2014 High Court 590)" and "(2014 High Court 490)", it is identical to each corresponding column of the judgment of the court below.