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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.
2. Considering the fact that the Defendant recognized the instant crime and that the injured person among the judgment of the court below expressed his intention that he would not be punished by the Defendant, the instant crime was committed by assaulting a taxi engineer who was driven without any reason under the influence of alcohol, and is not good in light of the circumstances and patterns of the relevant crime, etc.
C. In light of the favorable circumstances, the Defendant’s finding of a hospital for the purpose of treating alcoholic ozone is limited to once, but it appears that the Defendant committed continuous hospital counseling for treating the Defendant’s alcoholic ozone in court at the time when the argument of the original court was concluded (at the time of the conclusion of the argument of the lower court, the Defendant’s defense counsel agreed to provide continuous hospital counseling for treating the Defendant’s alcoholic ozone; however, according to the Defendant’s oral statement at court at the time of the conclusion of the argument of the lower court, the Defendant did not find a hospital only once after the sentence of the lower court was rendered), and even on January 4, 2017 where the lower court was in progress, taking into account the fact that the lower court’s finding of a police station on the ground that it was punished as a crime committed by failing to start, etc., that the Defendant is against his/her own mistake, and thus, the sentencing of the lower court is somewhat inappropriate.
3. As such, 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 subject to pleading.