상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
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 (three million won of fine) is too unreasonable.
2. The instant crime was committed by the Defendant due to unilateral misunderstanding and excessive interference with the Defendant, and the victim, who is a ushesheshel in his/her life and is in marital life, and the victim, who suffered bodily injury by using violence. In light of the background and the process up to the use of violence, the relationship with the victim, etc., the crime does not constitute a case that is slightly above the victim’s life.
However, due to the defendant's words that have been untweeted due to one's own initiative through the court's sentencing, the conflict with the victim is deepened, and the defendant is real family members in the future, and the victim promises to accept the victim as a true family member in the future and to maintain a friendly relationship with the victim with the defendant according to the emercation of the mother, and the victim also leads to understanding and improvement of the relationship. The risk of recidivism is expected to be significantly reduced, and the defendant's implied conflict and rebuttal between the defendant and the victim are likely to be resolved. The defendant has filed an application for permanent sovereignty with the aim of settling in Korea with his mother after being married to the year, and if the amount of the fine of the court below is maintained as it is, it may seriously interfere with the acquisition of permanent sovereignty in the future, the defendant's age, the defendant's environment, and the records of sentencing such as character and behavior, etc., it seems that the court below's punishment is too excessive.
3. In conclusion, the defendant's appeal is reasonable, and the original decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below.