상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the following: (a) the Defendant recognized the instant crime, thereby contravening the depth of his mistake; (b) the Defendant paid a total of KRW 11 million to the victim at the investigation and original instance stage; (c) the Defendant continued to reach an agreement with the victim; and (d) the Defendant is the most supported by his spouse and children.
2. The Defendant committed the instant crime even though he/she had been subject to punishment twice for the same crime.
On the other hand, the defendant paid 11 million won to the victim at the stage of investigation and original trial, and deposited 5 million won for the victim additionally in the trial.
The defendant has no history of punishment heavier than a fine, and his/her mistake has been repented in depth through the life of custody for about three months.
In addition, considering all the sentencing conditions in the records and arguments of this case including the defendant's age, sex, environment, motive, means and result of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below against the defendant is deemed unfair due to the reason that the sentence of the court below is unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled as follows.
【Re-written judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are 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 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act (see, e.g., favorable circumstances as seen earlier);
1. Article 62-2 of the Criminal Act on the observation of protection;