폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.
2. The judgment of the court below is too unreasonable in light of the fact that the defendant was found to have committed the crime of this case in a contingent manner, and the defendant committed the crime of this case in light of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and all of the sentencing conditions indicated in the arguments and records, such as the circumstance after the crime, etc., it is deemed that the punishment of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
(The original court issued a compensation order upon the request of D, but the above applicant for compensation withdrawn the application for compensation order against the defendant when the above applicant for compensation was in the first instance trial, and thus, it is not judged as to the legitimacy of such compensation order). The summary of criminal facts and evidence against the defendant recognized by the court in charge of criminal facts and evidence is as stated in the corresponding column of the original judgment except for the revision of "a summary of approximately 21 medical treatment" in paragraph (1) of the criminal facts of the court below to "a approximately 21 days medical treatment", and therefore, it is accepted as it is in accordance with Article 369 of the
Application of Statutes
1. Article 2 (2), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (1) 1, and Article 260 (1) of the Criminal Act, Article 257 (1) and Article 260 (1) of the Criminal Act, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;