상해등
The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by a fine of KRW 1,000,000.
1. The lower court rendered a judgment dismissing prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act on the grounds that the victim B, J, H, and I had withdrawn his wish to punish the Defendant after institution of the instant prosecution against each of the facts charged against the Defendant, and sentenced the Defendant guilty of the remainder of the facts charged except for this. Since only the Defendant filed an appeal on the grounds of unreasonable sentencing, the part dismissing the prosecution was separated and finalized as it is.
Therefore, the scope of this court's judgment against the judgment below shall be limited to the defendant's conviction except the above dismissed dismissal part.
2. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment (two million won of a fine) declared by the court below is too unreasonable.
3. It is recognized that the judgment of the defendant inflicted an injury on the victim in need of approximately six weeks of medical treatment when the victim who seeks to speak for fighting.
However, in full view of various circumstances, such as the fact that the defendant recognized his mistake, the fact that the victim does not want the punishment of the defendant, and the fact that the defendant has no past punishment by mutual agreement with the victim, etc., considering the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, the circumstances after the crime, the circumstances after the crime, and the consciousness of support, which are currently in a real condition and are expected to give birth, and the fact that there is an economic difficulty, the sentence imposed by the court below is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Judgment as to the defendant] Criminal facts and summary of evidence recognized by the court.