상해
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 summary of the grounds for appeal (e.g., a fine of KRW 4,00,000) imposed by the court below on the defendant is too unreasonable.
2. The crime of this case, when the defendant was taking a stop with the victim, etc., assaults the victim without participating in a stop stopization, and the police officers in receipt of the report have the victim take care of the situation and go beyond the victim's face, stoves by drinking back the victim again, and suffered bodily injury, such as the 35-day stoves of the victim in walking the victim's side stop with the appearance of the 35-day medical treatment. In light of the motive, circumstance, method, result, etc. of the crime, the crime is not very good, and the defendant had the record of criminal punishment of a fine for three times as a result of the crime of injury, and there is a record of criminal punishment of a fine for two times other than the two-time criminal records, etc., which are disadvantageous to the defendant.
However, in light of the fact that the defendant appeared to have committed the crime in this case, and that the victim expressed his intention that he does not want to be punished against the defendant by mutual agreement with the victim at the time of the trial, and other conditions of sentencing as shown in the argument in this case, such as character and character of the defendant, environment, motive, means and consequence of the crime, etc., the sentence of the court below is somewhat heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;