상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. The degree of injury inflicted by the victim to the judgment is relatively heavy, and the fact that the agreement with the victim was not reached is disadvantageous.
On the other hand, it is advantageous to the fact that the defendant recognized the crime of this case, the victim committed violence against the defendant, the defendant seems to have made efforts to recover damage, the defendant's primary offender who has no criminal record, the defendant's early 18 years, and the defendant's early fluence treatment, etc., and the defendant's consciousness wanted the defendant's wife against the defendant, and the defendant also tried not to repeat the crime.
In full view of the above circumstances and all of the factors of sentencing as shown in the arguments in this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and result of a crime, etc., the sentence imposed by the lower court is too unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written summary of the judgment] Criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act, prior to the grounds for sentencing, shall be determined as ordered by taking account of the fact of reversal.