상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.
2. In full view of the fact that the defendant living in custody for about three months in the instant case, and all of his errors are recognized and not re-offending, the victim does not want to punish the defendant, the defendant supports two children who are high school students as spine disabled persons, and all other matters concerning the sentencing specified in the records and arguments of the instant case, the judgment of the court below is too unreasonable, and the defendant's assertion is justified.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Selection of a fine in consideration of the relevant Article of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and the above-mentioned reasons for reversal;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;