상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.
2. In light of the fact that the crime of this case committed by the Defendant was committed by assaulting the victim two times with 1.5 liters, etc., and causing injury to the victim, such as an open room around the snow that requires treatment for about two weeks, the crime of this case ought to be strictly punished against the Defendant.
However, on the other hand, in full view of the following: (a) the fact that the Defendant recognized the instant crime and made a mistake against the Defendant; (b) the Defendant appears to have reached an contingent crime under the influence of alcohol; (c) the Defendant’s family deposits KRW 1.3 million for the victim; and (d) the Defendant’s family members wanted to have the Defendant’s prior wife boom; and (c) other factors of sentencing as indicated in the instant records and arguments, such as the background of the instant crime, the Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable and without merit.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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 on the suspension of execution (the grounds for reversal as mentioned above);