상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the suspended sentence of a penalty of three million won) is too unhued and unfair.
2. It is recognized that there are some circumstances such as the defendant's reason for the victims and the motive and circumstance for the damage of the property, and the family members to support (the wife and children).
However, it is difficult to accept in light of social norms even if the defendant's motive and circumstance leading up to the above act is considered to have led to the defendant's unilaterally taking into account the victims of his own son's own son's son's son's son's son's toy.
Moreover, the Defendant did not agree with the victims so that the Defendant was punished for violent crimes four times, and the Defendant did not agree with the victims.
In full view of the above circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s postponement of the sentence of a fine to the Defendant is deemed to be unreasonable as it is somewhat unfluent in its sentencing.
Therefore, prosecutor's assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.