폭행등
All the judgment below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) is that each of the original judgments (p. 1 million won/p. 2 of the original judgment: fine of 1 million won: fine of 3 million won/p. 2 of the original judgment) is too unreasonable.
2. Ex officio determination
A. After the court of first and second instance completed a separate hearing against the Defendant as the High Government Branch of the District Court 2015 and 947 and 2015 and 658 respectively, the court sentenced the Defendant to the punishment of a fine of one million won, a fine of three million won, and a fine of three million won. The Defendant filed an appeal against each of the above judgments, and the court of the first and second instance decided to consolidate each of the above appeals cases.
B. Each crime of the lower court against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the lower court’s judgment against the Defendant cannot be reversed in its entirety.
3. In conclusion, the judgment of the court below against the defendant is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there are grounds for reversal ex officio as seen above, and the judgment below against the defendant is reversed in accordance with the above Article 364(2) of the Criminal Procedure Act, and without
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of fines) concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of injury and the selection of fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The defendant confessions each of the crimes of this case and reflects it, an agreement is reached with the victim of the bodily injury, and is a recipient of the basic living environment, and is physically handicapped.